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A Critical Analysis On Male Rape In Prison

Oct 8
1 min read



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.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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