Anushka,, Central University of South Bihar & Mayank Chauhan,, National Institute of Securities Market, Maharashtra National Law University.
Abstract
Human Rights violation is a very sensitive matter because its encroachment is against the order of nature. Also, it cannot be denied that it is happening since the time unknown. The paper discusses domestic penal laws for crime of Rape with respect to LGBTQ victims. The main concern of the paper is against the notion that “it is only women who can be raped” and hence, paper further pleads to safeguard the Human Rights of the LGBTQ community by inclusion of gender-neutral laws. “A crime is crime, no matter who the sufferer is” is the gist of the paper. Here, the attention is drawn towards the violation of Human Rights of LGBTQ community. The paper describes the factors responsible for their social, economic and political transgression. It also emphasizes on and is limited to the gender neutrality towards the victim of the rape and not towards the accused. This paper remains silent on the gender neutrality of the accused of Rape. Rape laws in India is framed for females only even after accepting the fact that penetration and consent are one of the essential elements to constitute the offence and involvement of vagina and penis is not necessary. It is very evident that people from LGBTQ are prone to sexual assaults and sexual violence. Many related recommendations by reports of the Law Commission have not been given space in Indian Penal Code. Although the Supreme Court has accepted the existence of non-binary genders, it is sad that they are still excluded from availing the remedy under the rape laws. This paper will adopt a feminist approach to discuss the possible reasons for their inclusion under penal laws of Rape and will cover the areas unaddressed by the legislature of India. Furthermore, the paper will describe how the amendment in Indian Penal Code to bring gender neutrality can help the community.
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