Abstract

Despite expanding the scope of definition of rape under the Indian Penal Code to include non- penile-vaginal acts of penetration, the said definition continues to be consider gender specific terms. The patriarchal society has always hindered the recognition of male rape cases by the society as well as the criminal justice system. Presently, where several progressive nations around the globe are approaching towards gender-neutral rape laws that recognize someone of either gender as a possible victim, survivor, or suspect, India sustains on the patriarchal belief that men are too strong and powerful to be victim. While one assumption states that this toxic assumption can deprive a segment of society of justice, the right to life, and freedom. The other assumption argues that establishing gender neutral laws will take away the power of justice from the vulnerable section of the society i.e., women This paper aims to study whether there is a need of establishing gender neutral laws keeping in mind the psychological train of thought experienced by the male victim that deduces them from reporting cases. Further, it also aims at examining the concept of establishing rape laws that are gender just rather than gender neutral.

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