“I’m afraid the story isn’t finished happening. Sometimes I think there is no entirely true story I could tell. Because there are some things I just don’t know, and other things I just can’t say. Which is not a failure of memory but of language.” A line quoted by Lacy M Johnson in her book titled The Other Side. To elucidate the quote stated above we need to identify, rape is not only a woman’s issue but it’s a human issue. Nobody can objectify who is the predator or victim as “we see only those things which are shown to us” but for male victim its “boiling the ocean” as there are no such laws which can protect their rights.
In spite of expanding the scope of section 375 of Indian Penal Code the said definition continues to comply with its rule of gender specific notion based on the pre-established representation of the perpetrator framework on gender while the other half of the population is suffering in silence and moreover doesn’t have a right to life. Hereby authors are trying to critique the idea of gender specificity in Indian Penal code which is in violation of Binary notion of gender.
The research paper aims to identify the loopholes in the existing laws. Herein, the paper is divided into three parts all being related to one another, firstly, the paper will focus on rape committed on males and transgender and how the society peruses it secondly, the authors would be dealing with the blind spot in the law for male and transgender victims of rape and thirdly, will be dealing with the breach of fundamental rights vis a vis to human rights and its obligation and the amendments proposed for it. And towards the end of the paper, authors would be proposing an amendment and suggestion in the adjacent laws and the need to adopt a human right based approach.