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Decoding Rape Laws: Gender Neutrality in Rape a Transnational Perspectives

DOI : https://doi.org/10.36349/easjehl.2021.v04i01.004
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Abstract: Rape and sexual crime are a significant problem that affects many countries. It disturbs all classes of people and every member of the community. The legal system around the world judges the act of rape through different judicial system. For decades now, rape has been treated as violence against women alone. Rape or sexual assault against men or any LGBTQ+ person is one of the most under-reported crime as it goes against everything that a man is supposed to represent. India fails to address the men and LGBTQ+ rape victims under the rape laws. The new definition of Rape now includes non-penile-virginal acts of penetration, but still, it states that only a female can be the sole victim of Rape. Are males only capable of raping and cannot be raped? Section 375 clearly states that only a male can be a perpetrator of Rape, and only a female can be a victim. Making Rape, a gender-neutral crime has been a demand of Indian society for a decade now, but the Case of Navtej Singh Johar has given it a new life and fire. There are progressive countries shown legal initiatives to ensure legal remedies irrespective any gender.UK, Canada and USA are the best examples for it. In this paper an attempt made to demonstrate the transnational perspectives of rape laws between India and foreign rape laws as the Indian Penal Code was enforced under British rule. Still, the United Kingdom has amended its statutes whereas India is lagging at same.

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Lecturer, Dept. of Pharmacology and Therapeutics, Shaheed Monsur Ali Medical College & Hospital, Uttara, Dhaka-1230, Bangladesh

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