While many have condemned the mass molestation on New Year’s Eve in Bengaluru, there is another case of sexual assault that went unnoticed. Arnav Barbaad, a Facebook user, recently shared a post about his friend in Delhi who went out on a date with a man when he was drugged and raped. When he gained consciousness, he realised that he was naked and in severe pain. He could not go to the police because he was scared of being arrested on charges of being a homosexual, as Section 377 of the Indian Penal Code criminalises sexual activities ‘against the order of nature’.
Not many cases of male rape come out in public. Equal rights activist Harish Iyer thinks that before anything, the victim needs medical attention. He says, “The law comes later. Apart from Section 377, other laws could also be applied in this case. People need to know that male rape is common. It is just due to the fear of the law and social stigma that people don’t report it.”
LGBT rights activist and former president of Wajood Society, Jayati Mathur, thinks that such incidents reflect badly on us as a society. “The kind of parenting that a boy gets also matters. And, many policemen do not understand the concept of a man raping another man, which is why there is such leniency in such cases.”
The LGBTQ community in India has been trying to get this archaic law changed for many years now. Fashion designer Ganesh Nallari feels, “It isn’t about the rights of the LGBTQ community or about gender, but about a person’s human rights. Whether the victim is a girl or a boy, rape is rape. We talk about so many women being raped, but nothing happens; similar news is in the papers next morning. People read and talk about, but don’t really do anything about it.”
Unfortunately, Section 375 of the Indian Penal Code has no provision or mention of a man raping another man as a criminal offense. Dr Akun Sabharwal, Deputy Inspector General of Police, Hyderabad, says, “If raped, the victim should approach the police without doubt. Although Section 377 has been interpreted differently by different courts, there are other sections under which a case can be filed.”
Harish Iyer
Fact check:
Section 377, IPC reads: “377. Unnatural offences. — Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
