INTRODUCTIONThe the male victim and all in all have

INTRODUCTIONThe world we are living in is very dynamic. People change and so does the society and its interests. The history of blood and war are well known, studied and discussed but the same is not the case with sexual assaults. This concept is seldom discussed and often enshrouded out of ignominy by both men and women. The stories of ADOLF HITLLER, KING ASHOKA and ALEXANDER THE GREAT are well known and their administration, war policies, governance etc are a part of the school curriculum as well. But how many of us know the actual reason behind the downfall of the Roman Empire? The rape of the prefect’s daughter Lucretia by the King’s son Sextus Tarquinius was the precipitating event which led to the end of the monarchical roman rule. This incident is considered as the first ever rape issue to be recognised. However it doesn’t mean that the concept of rape was rare. Historical tales that lead to dark truth are often concealed. While considering rape, the foremost thought that comes into every mind is that a woman has been raped or a man has raped someone. It is almost unimaginable for the society to accept that a man can also be raped, that he can also be traumatised as much as any other women and in many cases more than women after being raped. Such thoughts have made the life of a male rape survivor miserable. There have been number of situations where neither the society nor the police have come to the rescue of the male victim and all in all have refused to believe in the happening of the same. Yet again such attitude shouldn’t be much of a surprise for us since this is the same society where even if a woman is getting raped on the middle of a road the society would rather record the incident for pleasure rather than fight for the modesty of the women. Thus it is very unlikely for the very same society, who consider male child crying as shameful and unmanly to come to his aid.Going hand in hand with our society, our laws have also made the term ‘raped’ synonymous to women. The legislators considered it biologically impossible for the victimisation of man in such offences. Thus according to our laws, Rape is considered to be an act that can only be done by man. These stereotypical thoughts do not allow us to think rationally. Various social experiments have been conducted by various private organisations, individuals and to some extent our survey has also been instrumental in disproving such stereotypes. Man gets raped and not just by another man but also by women. These statements were verified by an experiment conducted by United States on 3000 adults. According to the research about 10% of the surveyed males had been raped during their adult years, among the college students these numbers raised to 16%. However, this might probably be an underestimate as men usually neither report their assaults to authorities nor come out open in the public regarding the same. It becomes very difficult to explain their experience of rape for male survivors as they have always been taught that men cannot be victims of sexual assault. Also some victims consider the rape only as a physical assault and seek assistance for physical injuries, seldom seek counselling to deal with the emotional after effects.  Also, the fear of their sexual identity being questioned prevents them from reporting.According to the survey conducted by NSW Bureau of Crime Statistics and Research, indicating the victims of the adult sexual assault, in South Wales 17% are men, and out of it 50% of them are aged between 16 and 24 years. Additionally one in every prison inmate under the age of 25 years has been raped while in prison.In 2017 a South African police official during the investigation of abduction and rape case filed by a resident, confirmed that out of the total number of rape cases being reported 20% are of the male population. In this case a middle aged resident was kidnapped and gang raped for 3 days repeatedly by three women. This case can be termed a milestone in the South African investigation which led to the breaking of the stereotypical thinking and eventually the society started accepting the fact that a man can also be raped. Soon after the revelation, there have been many organisations set up for the relief of the victims.India is no different, when it comes to neglecting the vital issues. Ideally, India alone would be able to provide the authentic data for the statistical comparison of the rape survivorship between men and women. However, as the legal definition of rape in India does not cover the one committed against men, there is no proper way to determine how many male survivors exist in India. But the child sexual abuse survey conducted by the Indian government in 2007 showed alarming results. Out of those surveyed 57.3% boys and 42% of girls reported experiences of sexual assault including rape or sodomy. Most recently, in a survey conducted by Delhi based centre for civil society, it was found that approximately 18% of Indian adult men are sexually abused. Out of these 16% alleged a female perpetrator and 2% claimed a male perpetrator. But our nation still refuses to believe the existence of such occurrences despite many PILs filed in the courts on their behalf and Reports submitted suggesting such changes. With 2013 Amendment in IPC the definition of rape has been further narrowed now, limiting it only to cases of penetrations.   In countries like India where discussion on sexual intercourse is considered to be a taboo, courses on bad touch and good touch is an alien concept. Considering the scenario of past few decades the credibility of rape, violence and molestation cases framed are at stake. DEFINITION OF RAPEThe definition of prior to 2013The definition after 2013 AmendmentThe recommended definition of rape by the commissionLIMITED DEFINITIONThe literal meaning of rape is “act of sexual intercourse without the consent of the woman”. According to the English Law, rape means “forceful sex”. Law and dictionary talk only about rape of woman and not of men. In a manner it implies that women can only be a victim and man the victimiser. The definition of rape was subjected to consecutive changes over the past decade, evolving from penile-vaginal to penile-orifice and then to penetrative-orifice, within the non-consensual context. The physical assault with sharp objects suffered by Nirbhaya on the fateful night of December would also be falling under this categorization of rape.ORDINANCEHowever in the wake of Nirbhaya’s gang rape in 2012, an ordinance was introduced by the Central Government which shifted focus of the country towards the offence of Rape. It has passed the Criminal Law (Amendment) Ordinance, which has substituted rape for sexual assault and had made the offence gender neutral.However this could not stand the test of time. As a result of full-throated and emphatic lobbying force, both the changes have been countermanded in the very same year. The main argument of these forces was that the offence of rape was an explicitly patriarchal crime, which has sprung from abuse of male privilege and power. Therefore only the members of one gender can rape and only the members of one gender can get raped.Thus once again the government has landed at the conventional definition from which it started. Hence, for the requirements of the offence to be met, male must be the perpetrator and female the victim. However the only exception to this rule being, the concept of gender-neutrality for the perpetrator has been adopted for offences like gang rape.PCSOAHowever it doesn’t mean that we are completely blind towards recognising man’s right. There are provisions in Protection of Children from Sexual Offences Act, 2012 and other acts which recognises and punishes child abuse in both sexual and non-sexual manner.  The recent incident of murder of a 3 year old boy in the Ryan International School, was revealed by the police to be the aftermath that boy’s refusal to the sexual advances made towards him by the driever. This incident has certainly convulsed the entire country As a matter of fact, such cases with respect to children are dealt gender neutrally within the meaning of the above mentioned act. However if the child was victimised by a female, the PCSOA would allow for a charge of sexual assault and not penetrative sexual assault which is codified as male only. It surely is high time India recognises that man can also be raped and woman does not always have to be the victim.PIL FOR GENDER NEUTRALISED RAPE LAWSRAPISTS OF MANSURVEY REPORT ANALYSISThe recent survey conducted by us through circulating online forms among 100s of the students, professional and other employees only 34 of them attempted the survey. Among these we rarely got enough responses from aged responders. Even then we have approached some of the known government officials personally and inquired about some of the provisions which have also been included in the details below.According to our survey we were able to realise that the present generation seems to accept and recognized the facts that like women even a man is also ill-treated, abused, eve teased, sexually harassed or assaulted and discriminated. Researches have revealed that 1 out 5 men have been subjected to stalking and eve teasing. Most responses were received by students, who have either experienced or witnessed such incidents. One of my colleague have expressed his views on the ill treatment towards them by guards as they questions and assaults the male students coming from outside to the campus whereas allows the female students with no objections, even if they have been smoking or drinking. Due to these treatments towards the first year students, they are being more victimised than among the final year studentsSex Education is a new syllabus in India. After many years of prolonged efforts in the year 2015 it was finally implemented and made a mandatory syllabus. The National Council of Educational Research and Training initiated to include the teaching of good touch and bad touch in the syllabus As the name suggests it has nothings abusive in it, but still neither the teachers nor parents accepts it as a course to be taught to children. Even more our society refuses to even speak about it in front of children. As a result most of the children doesn’t realise what exactly is sexual harassment, eve teasing and sexually abusive. In our survey we were able to observe that only half of the responders have actually been taught the difference between good touch and bad touch. And without knowing what causes harassment, assault and discrimination it is indeed difficult to actually know whether or not they are actually being harassed.Moving forward with the knowledge of lack of proper awareness existing among our society we have asked about who can rape a man the responses as noted have been very surprisingly positive. At least none have said a man cannot be raped at all. While 6 % of the population have claimed that only another man can rape a man 94% have accepted a man can be raped by a women as well. NO matter who rapes and harasses the psychological impact over the victim will still remain the same on the victims. Like women would go through trauma and abuses, even a man’s life would be full of shame, self-doubts, embarrassment but the worse is not yet to be discussed. More than going through self-embarrassing thoughts the society would not believe in his words and even if his peers and family believes it is difficult for the person to earn justice.A report on the reaction of the responder are as noted below. More than half of them has responded that they would console him and require him to report to the police officials, whereas 21% have responded that they would console him and advise them to forget about those incident and would require them to report to the police station. It is indeed an assuagement to know that only 1 out of 34 have responded to the first option of laughing at him  After studying the above analysis we inquired about the reportable nature of the incidents. At present when the police officials have been showing reluctance in registering sexual assault cases on women. It is unimaginable for them to register such cases when a male gender adult approaches him. According to the report only 18 % have responded that the officials would register the case. Whereas almost 50 % of them are unclear on this behalf and 35% have responded by stating a complete no to it. While personally inquired to 7 police officials they responded to us by stated that they may show reluctance in registering such cases as they are unclear as to under which provision can they file the police report and ask them to forget about the incident. Some of them has revealed that they have incidents reported to them and though they haven’t registered the case they have provided all the supportsBelow I have shown the knowledge of public on laws for the safety and protection of the public. According to which almost 85% of them doesn’t know whether there is any laws for the safety of man. Though with respect to other provision there are several laws for the benefit of both male and female. But there are still no amendment with respect to the provision of man while being victimised. As a result 88% of the total population agrees on the fact that the laws discriminates the population of the basis of gender. In every manner it is against the principle of EQUALITY of our preamble.When asked about the existing laws and need for amendments the responses have been satisfactory. Whereas the knowledge of people on commission reports and recommendations are deplorable. Only 18% of the responders tends to know about the report. Where this report is anticipated to bring out a major reformation in the history of law and justice in India by criminalising marital rapes and gender neutralisation. May the matters are still in consideration for the amendments. 

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