Can men file rape complaint now?

By Editorji News Desk
Published on | Dec 20, 2023

BJP MP calls SC's decision 'wrong'

Nishikant Dubey in Lok Sabha while opening the debate on the 3 Criminal Law Bills clarified his party's stand on adultery.

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'Where there is Dharma, there will be Victory'

'We are against 377 & adultery. SC's motto is 'yato dharmastato jayah', and no dharma endorses unnatural sex. Whatever SC has done was wrong.

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'What was SC's ruling that Nishikant called 'wrong'?

SC partially struck down IPC Section 377, decriminalising same-sex relations between consenting adults.

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IPC on Section 377

The section states - 'whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished'.

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BNS on Section 377

The Bhartiya Nyay Sanhita Bill (BNS) that would replace IPC has no specific section on adultery like Section 377.

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Men cannot be raped?

While IPC has gendered provisions when it comes to rape, the only provision across statutes that penalised rape of transgenders and men was 377.

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No 377, no section to protect men/transmen

BNS notes 3 genders -men, women, transgenders. Sections on rape are gendered, meaning the bill fails to penalise sexual violence against men.

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Does BNS define unnatural sex?

Mum on unnatural sex separately, it retains IPC sections on self-defence & kidnapping. This means genders other than women can file rape complaint.

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Committee's suggestions

Panel's demand of inclusion of adultery & making sections related to sexual assault & rape gender neutral have been ignored.

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