Addressing Bias In India's Rape Laws: Toward Inclusive Justice For Marginalized Victims
- IJLLR Journal
- Feb 25
- 2 min read
Gauri Nandakumar Varma, O.P. Jindal Global Law School
OVERVIEW
Rape is an abominable crime that goes beyond individual pain, leaving deep scars on victims, families, and communities. It is not just a violation of physical autonomy but a devastating breach of trust, dignity, and fundamental human rights. In India, however, rape laws currently apply exclusively to women, disregarding other genders. Despite the Constitution's promise of equality under Article 14, can this legal discrimination be seen as justified? This article seeks to break the silence surrounding male and transgender rape and to examine how the legal system has unintentionally reinforced the stereotype that men and other genders are inherently perpetrators rather than victims. Through this analysis, we aim to address the gap left unfilled by existing legislation.
INTRODUCTION
“Rape culture. The totality of all the big and little things we do, say and believe that ultimately lead to the conclusion that it's okay to rape.”1 - Sohaila Abdulali
Rape is commonly described as unwanted, or non-consensual sex. The Bharatiya Nyaya Sanhita describes rape as any form of un-consented sexual act done to a woman by a man, against her will. In the case of State of Punjab v Ramdev Singh2, it was observed that rape was violative of right to life and therefore, sexual crimes against women should be dealt sternly and severely. Rape is unquestionably a gendered crime. As per recent statistics of 2022, more than 31,000 rape cases of women have been filed3. This show how in patriarchal societies, rape is not an unusual or isolated incident, but rather a reflection of the broader system of gender inequality. It embodies and strengthens the existing cultural norms around gender and sexuality, which often support male dominance and female subordination. Instead of opposing these norms, rape acts as an extreme form of enforcing them, demonstrating the power imbalance between men and women that already exists in the culture.
