Law, Sexual Assault and Gender Neutrality – An Exploration of Legal Perspectives and Remedies for Transgender and Male Victims

Abstract

For the last few decades, the prevailing approach to sexual violence in international human rights instruments has focused virtually exclusively on the abuse of women and girls. In the meantime, sexual violence against males and transgenders continues to flourish in prisons and other places. The criminal laws in India relating to rape has always been couched in gender specific terms where men have been typecast as sole perpetrators and women as sole victims of sexual offences. The Justice J.S. Verma Committee (2013), which was constituted after infamous nirbhaya gang rape case, recommended gender neutral rape laws with respect to victims. However, ignoring these recommendations, the Government passed the Criminal Law (Amendment) Act, 2013 without these much-needed reforms. This paper intends to ponder various issues with the scope of gender-equality in anti-rape laws. It seeks to introduce to its readers the concept of male and transgender rape prevalent in prison/correctional facilities and otherwise. Alongside, it strives to make an objective inquiry into the problems inherent in the existing legal framework on sexual offences. The paper acknowledges women victimization but majorly focuses on male/transgender victimization that continues to thrive due to the absence of gender-neutral anti-rape laws in India. In its conclusion, the paper examines the necessity of drafting a gender-neutral law on sexual assault.