Can a woman rape a man?

DIVYA A  IN THE TIMES OF INDIA

The government recently decided to amend the Indian Penal Code (IPC) and replace the word “rape” with “sexual assault’’. The proposal would make the offence of rape gender-neutral. But can a government change the meaning of the word “rape”?  Can a man rape a man? Can a woman rape a woman? And finally, unimaginably, can a woman rape a man? Even dictionaries offer gender-specific meanings for rape.  So, does that make a nonsense of the amended IPC? Flavia Agnes, Mumbai-based lawyer and activist, says it is certainly far-fetched. “To presume that women can rape men is rather outrageous,” says Agnes. “While women can sexually harass men, they can’t sexually assault them. There have been no such cases anywhere.” In fact, rape is a “deeply gendered construction”, with several social implications for women such as stigma, she adds.  One rape case is registered every 54 minutes somewhere in India. Many more incidents go unreported. Take the case of 19-year-old Sulabha Rani* from Uttarakhand’s Chamoli village. In 2004, her uncle took her to Dehradun to work as a domestic help. He sold her to two men who raped her in a moving car. The next morning, she found herself lying half-naked and bruised on a sidewalk. Back with her parents now, and with her uncle absconding, Sulabha reportedly hasn’t been able to leave her bed or utter a word since that day.

Then there is Radha, an Agra college student, who tried to take on a bunch of rowdy goons making lewd remarks about passing girls. One evening, as she returned from college, Radha was raped by the goons, who said they were punishing her for her ‘bravery’.

So, can a woman ever do the same to a man? Agnes says rape is not just a physical assault, but an expression of power and control by men over women. “As we do not live in a gender-neutral society, having a gender-neutral rape law will only make the situation worse for women, as many may get accused of rape,” she says. Legal experts are apprehensive the IPC amendment will open the floodgates for other gender-neutral laws, such as those governing domestic violence, dowry death, cruelty to wives or even maintenance to women after a divorce.  But some aspects of the proposed amendment are being welcomed. Sexual assault is to cover crimes such as sodomy, insertion of a foreign object and other offences that are not currently covered by the legal definition of rape. The rape law was amended in 1983 and ever since, women’s groups have campaigned for a law on sexual assault, which would cover issues of incest and non-penetrative child sexual abuse. Author-activist Pinki Virani, who filed a plea for the mercy killing of Aruna Shanbaug, a paralysed and brain-dead Mumbai nurse who was attacked and raped in 1973, says, “The amendment may not help women too much but it will help minor victims. I’m glad boys will be included in the category of victims who can be sexually preyed upon by older men without sodomy being the only criteria of boy-rape.”  The provisions can also help in cases such as that of Ruchika Girhotra, who was sexually molested by Haryana DIG, SPS Rathore as a teenager, 19 years ago. Aradhna Gupta, who fought for justice for her dead friend, says this is a commendable move. Speaking to STOI from Sydney, Gupta says: “Now, more culprits can be booked for committing heinous sexual crimes. Had it happened two decades back, Ruchika would have been alive.”

Virani says the amendment raises questions about whether cases pertaining to children can be clubbed with adults. What about incest, arguably more traumatic than a single assault by a total stranger? Agnes says the government must take these complexities into account before amending the law of the land governing rape.  *The names of victims have been changed

http://timesofindia.indiatimes.com/home/sunday-toi/view-from-venus/Can-a-woman-rape-a-man/articleshow/5733229.cms

COMMENTS HAVE BEEN INVITED BY THE MINISTRY OF HOME AFFAIRS ON THE CHANGES IN CRIMINAL LAW WITH REGARD TO RAPE AND SEXUAL ABUSE

Criminal Law (Amendment) Bill 2010

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Urgent need to ban porn websites: Chief Justice of India

BY IANS

NEW DELHI – Chief Justice of India (CJI) K.G. Balakrishnan Sunday said there was an urgent need to ban websites that circulate pornography and hate speeches and emphasized the need for cyber law enforcement.The government can place bans on websites that exclusively circulate pornography and hate speeches. However, it would not be right to place a blanket ban on all categories of websites. It is also important to distinguish between intermediaries such as Network Service Providers, website operators and individual users for the purpose of placing liability for wrongful acts, the chief justice said.

Websites are created and updated for many useful purposes, but they can also be used to circulate offensive content such as pornography, hate speech and defamatory materials. In many cases, the intellectual property rights of authors and artists are violated through the unauthorized circulation of their works. “There has also been an upsurge in instances of financial fraud and cheating in relation to commercial transactions conducted online, the CJI emphasized at a Cyber Law Enforcement Programme and National Consultation meeting here.

Citing how more and more people are victimized because of increasing cyber crimes, the CJI said:, There have been numerous reports of internet users receiving unsolicited e-mails which often contains obscene language and amounts to harassment. Those who post personal information about themselves on job and marriage websites or social networking websites are often at the receiving end of cyber-stalking. Women and minors who post their contact details become especially vulnerable since lumpen elements such as sex-offenders can use this information to target potential victims.

Speaking on the occasion, Union Minister of Law and Justice M. Veerappa Moily said: Cyber law enforcement is the need of the hour as the use of technology is increasing by leaps and bounds. We are able to optimize the use of Information Technology (IT) industry only when our cyber law is strictly enforced.

Highlighting how misuse of technology can lead to personal attacks on the individual, Moily said: In many cases, images or videos are created without the consent of the persons involved and they are unscrupulously circulated for commercial gain. Such practices are a blatant invasion of privacy as well as an attack on an individuals dignity. However, there are inherent difficulties in using criminal laws to clamp down on them, so there is need of cyber law enforcement.