Gendered Justice: An Empirical Study On Criminalization Of Rape Of Men And Transgender Under BNS, 2023
- IJLLR Journal
- 5 days ago
- 1 min read
M.S. Yazhinee, B.A.LL.B. (Hons.), The Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law.
Ms. T. Vaishali, B.S., B.L (Hons)., LL.M., Department of Criminal Law and Criminal Justice Administration, The Tamilnadu Dr Ambedkar Law University, Chennai
ABSTRACT:
For many years rape has been viewed as a crime against women generally. The rape laws for women are developing from decades to decades. In camera proceedings, victim compensation are such developments. But this rape law in India holds gender specific protection and punishment. Section 377 of the IPC, i.e., unnatural sex, is decriminalised in Navtej Singh Johar vs Union of India. Even then cases of non-consensual intercourse of male with male are given justice under this section. Now, after the Bhartiya Nyaya Sanhita came, no such provision is there for male victims of rape. Socially marginalised transgender individuals who are raped have provisions under the Transgender Persons (Protection of Rights) Act, 2019, which provides a maximum of 2 years' imprisonment. This is comparatively very much lesser than that of punishment in female rape. This study intends to study this and how society views male rape and transgender rape. This study is conducted to collect data and analyse the societal perceptions towards rape of male and transgender victims and how law treats them.
Keywords: gender neutral rape laws, male rape, non-consensual intercourse, patriarchy, societal perceptions, transgender victims
