Abstract

In this paper, I have discussed three existing problems with the Rape law of India. While talking about the first problem which is the law not being gender neutral, I have discussed how the law is still based on the patriarchal mindset that only a man can rape a woman, whereas the reality is that the current statistics showcase that even men and transgender people are subjected to the crime of rape. Through this discussion, I have argued that even women can be perpetrators of rape, and the definition of 'victim' must be amended to include transgender people and men. The second problem that I have discussed is the incestuous rape law not defining who a 'relative' is. POCSO elaborates on the definition of who is a relative, but it only safeguards children. The law on incestuous is also incomplete in the aspect that it does not treat sexual assault by a relative as an aggravated offence. I have also argued why incestuous rape should be treated as an aggravated offence, considering how the involvement of a relative that is a relationship of trust and dependency psychologically traumatises both the family and the victim, and at times the victim is silenced because someone from the family is involved. Thirdly, I have argued how the law on rape is obsessed with penetration, whereas, in my opinion, the law on rape should not be based on whether there was any penetration instead, the question which should be asked is if a woman’s sexual autonomy was violated.

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