Author: Deepak Kumar Chaurasia, Student at Chandigarh University.
ABSTRACT
The paper talks about the crime which are committed against the men, it includes sexual offences, domestic violence and also false allegations of rape and sexual assault against the men. The issue of false rape allegations is the most common form of crime that is committed against the men. The paper widely covered the issue of sexual offences against men, even there is no legal provision in the Indian Penal Code 1860, or any other separate statutory provision. The Constitution of India guarantees right to equality, but there is no equality regarding the protection from such offences. This is the need of the hour to create laws regarding this concern. We have created such stereotypes in the society, that does not allow men to express their happenings, from which trauma they are going through. Men are subjected to false dowry cases, which is exceedingly difficult for the husband to prove him as innocent, even the false rape accusation can ruin the life and can destroy his family. A case of Vishnu Tiwari recently surfaced the media, which reflected that how false allegations, can destroy your whole life. According to societal norms, men is seen to a strong person, who do not cry, who do not feel pain. This paper aims to break the chain of this stereotype thinking. We have to come forward to report such things. There is a dire need to make laws related to the protection of Men from sexual offences, Dowry protection act for men. If there is creation of legal hand, by holding which a man can get justice by the Indian Judiciary.
INTRODUCTION
We live in such a society, where any crime against women, is highly criticized. No doubt it should be widely criticized and condemned. But what about Men, barely any crime against men comes to the limelight. We always talk about equality, but in the end, what happens, the so-called society tries to sympathize only with females, though it is needed, but a little attention can be diverted towards the crime against men. Males are also humans, they too suffer from trauma, they do encounter crime against them, they do not explicitly confess about it, just because people will start tagging them like a coward, weak, etc. Our society has set up this sort of stereotype, that we males are unable to express our grief, from what situation we are going through. This issue needs to be raised and, we have to discuss this taboo, which is prevalent in society.
Even when we talk about sexual assault, we only assume that it is committed against women. But In today’s scenario, the fact is that it is committed against other genders too, apart from female only.[1]
CLASSIFICATION OF CRIME AGAINST MEN
If we classify, the crimes against men, then the list goes on, but here are some of the major and vital classifications as follows:
- False allegations of Rape and Sexual Harassment:
The offense of rape and sexual harassment is heinous, but nowadays women use it as a legal tool to blackmail men, they use this legal tool, to demand money or want any other demand of her to be fulfilled, otherwise what they do, they go to the police station and file a false complaint. Even in the matter of rape and sexual harassment, the police are a little inclined towards women and they immediately arrest the men. This act results in the destruction of his life and reputation. If he is acquitted by the Respected Judiciary, still then society watches that men as a characterless person, make him feel that he is guilty of something, which he has not committed.
Recently in 2021, a false rape allegation case surfaced over the social media, and it was questioned, what was his fault, he lost his entire family, and his life also ruins.
It was the case of Vishnu Tiwari, who spent 20years in Jail over false rape allegations. It is quite easy for a woman to make false complaint against the men, on the charges of rape or sexual harassment. How much that person suffered, his family was ostracized and destroyed, he was unable to attend the last rites of his family members.[2]
There are so many such cases just like Vishnu Tiwari, many people also committed suicide over false rape allegations, because they cannot face the world looking at him as a culprit.
- Victim of rape:
It is a not a novel issue, it is already prevalent in today’s era. But matters like this do not came to the limelight. Just because men are scared to express this incident, as it feels discussing this incident is quite shameful for him, and the people will make fun of him.
Even our Indian Laws, do not cover sexual crimes against man. Section 375 of IPC which talks about rape, in the provision it is clearly mentioned that only a man can commit such act against women, there is no space for male victims, under which legal protection, they sought justice against the sexual offences which they encountered as a victim.
The Constitution of India, under Article 14 guarantees “Right to Equality”, but this right has been violated many times. We talk that all the genders are equal in every aspect, then why there is no such laws which deal with the Sexual violence against man.[3]
Though the sexual offences on the gender under the age of 18 years is covered under the Protection of Child from Sexual Offences (POCSO) Act, 2012.[4]
- False allegation of Dowry Cases:
We are having stringent laws against Dowry. It is well known fact that everything has two sides. It is often used in a negative or positive sense. Though earlier it was used in a positive way, even now also but on a small scale. Women are using, we can often coin it as misusing the laws, for their own benefit. They threat their husband and his family that if they do not fulfil her demands, she will file a false dowry case against the husband and his family. Unfortunately, it is quite difficult for the man to prove that he is innocent.
- Domestic Violence Against men:
We often hear the concept of domestic violence against women and there is a proper statue for the protection of Women against Domestic Violence, that is Domestic Violence Act,2005. But what about men, they too encounter domestic violence. Yes, you read it right, men also face domestic Violence in their daily life, unfortunately they are not noted, or these issues do not come out in the society.[5]
CONCLUSION
Men do encounter crimes against them. Haplessly they are not reported. Even our Indian Legal system do not provide any legal protection to men against these crimes. Earlier Section 377 of the IPC, which criminalised the acts of non-censual carnal intercourse, which also included male-on-male rape, this section was declared as unconstitutional in the case of Navtej Singh Johar vs. Union of India. The Indian Constitution preamble and Article 14 speak about equality. Where is that equality, we are having laws for women against, sexual violence, domestic violence, where is the law for men against these offences.
Its really tough a boy, who encountered a sexual offence (may include deep penetration) to express, what occurred with him. If our society can understand the mental state of a girl rape victim, and they try to make the things normal. Then what happens in the case boy rape victim.
Men are more exploited nowadays, as women have the legal tool with them. A woman can file a false rape allegation, and then the trouble began for that boy against whom the complaint is filed. We need to sensitise the society about this social evil, which is incapable of finding its place on its own.
REFERENCES
[1] India’s silence on Sexual Assault of Men and Boys, available at: https://blog.ipleaders.in/indias-silence-sexual-assault-men-boys/ (last accessed on 09 MAY 2021)
[2]Innocent man in jail for 20 years: NHRC seeks UP’s reply on rehab, available at: https://timesofindia.indiatimes.com/city/agra/innocent-man-in-jail-for-20-years-nhrc-seeks-ups-reply-on-rehab/articleshow/81361307.cms (last accessed on 07 May 2021)
[3] Sexual Violence against Men in India, available at: http://www.legalserviceindia.com/legal/article-4685-sexual-violence-against-men-in-india.html (last accessed on 09 May 2021)
[4] India’s law should recognise that men can be raped too, available at: https://ccs.in/indias-law-should-recognise-men-can-be-raped-too (last accessed on 9 May 2021)
[5] Crime Against Men in India, available at: https://www.vidhikarya.com/legal-blog/Crime-Against-Men-in-India (last accessed on 09 May 2021)
