This Article is written by Hitika Sahu (4th-year B.A.llb student)
“Mardkokabhidardnahihota”
Whenever we talk about sexual assault, the only thought that comes to our mind is that it only happens to women. When we compare the sum of data accessible on the web, we discover that most of the data on this theme is related to the sexual attack of ladies. But, in today’s era, we should not forget that sexual assault can happen to other genders too. Typically, it is troublesome to collect data on the encounters of men who have confronted sexual ambush at a few points in their lives. The only reason to collect this data is that the world is still not acknowledging that something like this could happen to men also. Hence it has been difficult for men to come out and talk against such things due to societal judgments. The Indian childhood of a man has generalized that a man can never feel torment, and on the off chance that he does, he isn’t a man. The same conviction has driven individuals to accept that a man cannot be assaulted or sexually attacked since a man is preferred to be a man in a patriarchal society.
Men are regularly or continuously accepted as the culprits of sexual ambush and not the casualties and, in the case of ladies, they are treated as casualties and never the culprits. This conviction has been created since time immemorial because, in most or all cases that come into the light, it is always a man who has attacked a lady and never the inverse. When inquired if a man can be sexually ambushed, most of the individuals reply ‘No’, a sense of the belief that a man can never be raped or sexually attacked. Assault or sexual attack of men and boys have been a ‘Dark Secret’ for so long that presently the society is either unaware of this or turns a daze eye towards such occurrences if they ever come out of the shadows. The social weight, fear of being doubted, and cultural backfire halt the male from opening up to anybody about these troublesome and agonizing occurrences, empowering the culprits to go on chasing their prey.
Sexual assault of men and boys may also be occurring as often as possible as any other wrongdoing which needs the consideration of individuals and law producers. Whereas a few individuals may concur that rape of men happens in jails, most don’t indeed care to think that sexual ambush against men and boys happens in a much broader way than they think or care to know. The Judgment by the Preeminent Court that decriminalized the consensual sexual relations between grown-ups of the same sex, which was wrongdoing under Area 377 of the Indian Corrective Code, is still looked down upon by numerous individuals in India who still consider homosexuality an unthinkable and an infection. It suggests that gay people still have a long street to travel in arrange to be engaged and given their rights.
If we look at ‘Rape in India’ on Wikipedia, the primary line itself talks as it were approximately the assault of ladies. It says, “rape is the fourth most common wrongdoing against women in India.” It is imperative to address the issue of assault, but it is essential to understand that assault and sexual attack are gender-neutral and, could happen to men as well. Centring simply on the issues confronted by one sexual orientation and ignoring the issues of the other isn’t reasonable or fair in any way. It is unreasonable and unjustifiable for the guys to endure a wrong conviction that they cannot be sexually irritated.
Subsequently, in a nation like India, where two individuals are not indeed allowed to accept homosexuality as a common marvel and think it to be unthinkable, the idea of a male part of the society being assaulted, by any sexual orientation features, has a long way to go before it gets recognized.
In our society, a man is expected to be solid and intense, in this manner, the thought of a man being assaulted or sexually ambushed is unimaginable and therefore, the casualties are disregarded and treated as a despicable individuals who cannot be a man. “Be a man” is the term that each boy has heard. At whatever point he cries, at whatever point he gets harmed, at whatever point he communicates his feelings, he is told, “Don’t cry like a young lady, be a man.” This childhood of men within the society has given rise to harmful masculinity.
Harmful masculinity, as characterized within the Urban Lexicon, implies “A social science term that depicts a contract oppressive sort of thoughts almost the male sex part that characterizes manliness as overstated manly characteristics like being rough, dispassionate, sexually forceful, and so forward. Too recommends that men who act as well passionate or perhaps aren’t rough enough or don’t do all of the things that “real men” do, can get their “man card” taken away.”
The address, “Are men and boys assaulted and sexually annoyed too?” was inquired within the survey which had 115 reactions. Out of 115, 107 individuals concurred that men and boys can be sexually attacked as well, though, 8 individuals replied something else. 2 of them had their claim supposition, which was, “In uncommon cases… 30-40 per cent cases…But complaints are not recorded.”, “Sometimes, not numerous times, as compared to women.” 53.9 per cent of individuals believe that rape of men and boys is a widespread occurrence that occurs more frequently than we are aware of, while 45.2 percent say that rape of a man is uncommon.
The correct response to the question “Are men and boys raped and sexually abused at the same rate as women?” The question is still unresolved since there isn’t enough information gathered anywhere to address it with any certainty. However, it is obvious from the evidence that men and boys are also vulnerable to sexual assault and are not immune to it.
When asked if women are always the victims of sexual assault and men are always the perpetrators, the majority of people, 90.4 per cent, said that victims of sexual assault and rape are not always women, and 83.5 per cent said that perpetrators and rapists are not always men, but 16.5 per cent said that men are always the rapists and perpetrators. Rape can only be committed by a man, not a woman, according to Indian rape laws.
Rape Laws in India
Rape, under Section 375 of the Indian Penal Code, 1860, is defined as, “Rape: A man is said to commit “rape” if he:
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman or makes her do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her do so with him or any other person; or
(c) manipulates any part of the body of a woman to cause penetration into the vagina, urethra, anus, or any part of the body of such woman or makes her do so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person, under the circumstances falling under any of the following seven descriptions:
First: Against her will.
Secondly: Without her consent.
Thirdly: With her consent, when her consent has been obtained by her or any person in whom she is interested, in fear of death or hurt.
Fourthly: With her consent, when the man knows that he is not her husband and that her consent is obtained because she believes that he is another man to whom she is lawfully married.
Fifthly: With her consent when, at the time of giving such consent, because of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly: With or without her consent when she is less than eighteen years of age.
Seventhly: When she is unable to communicate.
Explanation 1: For this section, “vagina” shall also include labia majora. Explanation 2: Consent means an unequivocal voluntary agreement when the woman with words, gestures, or any form of verbal or non-verbal communication, communicates a willingness to participate in the specific sexual act: Provided that a woman who does not physically resist the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
EXCEPTIONS:
Exception 1: A medical procedure or intervention shall not constitute rape.
Exception 2: Sexual intercourse or sexual acts by a man with his wife, the wife not being under fifteen years of age, is not rape.”
CONCLUSION:
Just because men are meant to be tough and powerful, that does not mean they are immune to the hardships that women encounter daily. While we’re talking about women’s rights, we shouldn’t forget about men’s rights. The idea is to empower women, not to elevate one gender at the expense of the other. Focusing solely on one gender is unjust, unfair, and in violation of people’s fundamental rights under Articles 14 and 15 of the Indian Constitution.
With this survey, it is clear that a bigger percentage of respondents believe that men and boys are also vulnerable to sexual assault and are not immune to it, and sexual assault perpetrators are not necessarily men but can also be other genders.
