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Addressing A Blind Spot: Exploring The Legal Gap In Recognizing Male Rape In The Indian Society




Sumit Kumar Sakthi, LL.M. Batch (2023-24), Dharmashastra National Law University, Jabalpur, Madhya Pradesh


ABSTRACT


The Laws on sexual offenses in India has been historically focused on protecting women, which is right as women were more prone to become a victim of sexual assault and it still continues but does that mean just because the number of victims in a particular crime is less, they don’t have the right to seek justice. One area in which Indian penal laws are quiet is the rape of an adult male, hiding the fact that males can also become victims of rape. The absence of explicit legal provisions recognizing male rape spreads harmful stereotypes and denies survivors equality before law they were so guaranteed by the Indian Constitution. This Paper tries to show that rape of adult male exists in the society and Indian law has failed to recognise it. Furthermore, this paper also answers two common arguments which exists against making the rape law gender neutral.


Keywords: Rape, male rape, sexual assault, gender neutral, masculinity

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​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.

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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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