A Critical Analysis On Male Rape In Prison
Sanlap Khanra, S’O’A National Institute of Law
ABSTRACT
In Indian correctional systems, there is a significant underreporting of male rape which is committed due to overcrowding, hierarchical structure of jails, poor monitoring system, social stigma, and a culture of silence. The Bharatiya Nyaya Sanhita (BNS), 2023, contains provisions which are gender specific in relation to rape, thus leaving a huge protection gap for adult male and transgender survivors. The paper critically discusses the legal, institutional and socio-cultural issues that facilitate male sexual victimisation and explore the issue of Section 63 of the BNS, the repeal of Section 377 IPC, constitutional issues, and how power and hegemonic masculinity perpetuate this form of victimisation. It uses a mixed-methods and socio- legal research approach, relying on the statutory provisions, judicial decisions, constitutional principles, international human rights standards, NCRB data, RTI disclosures, civil society documentation, and existing academic literature, while adding in some qualitative aspects on the prison structures and reporting challenges. The paper concludes that the current legal system fails to acknowledge the sexual aspect of male and transgender prisoners' experiences of violence, and thus continues to perpetuate under- reporting, evidentiary challenges and institutional impunity. It ends by calling for gender inclusive sexual offence provisions, independent and time bound investigations, better medico-legal processes, trauma-informed prison administration, disaggregated data collection and better independent oversight to ensure that sexual violence in prison is recognised and responds effectively.
Keywords: Custodial sexual violence; Prisoners’ victimization Gender; Male rape; Masculinity; Criminal justice administration.
