The rape law in India is presently contained in sections 375 and 376 of the Indian Penal Code, 1860. The same are deficient in many aspects and are required to be amended immediately. For instance, section 375 provides that a “man” is said to commit “rape” if he has sexual intercourse with a woman under the circumstances falling under the six categories mentioned in the section. The explanation to section 375 provides that “penetration” is sufficient to constitute the sexual intercourse necessary to the offence of rape. Further, sexual intercourse with a girl below 16 years of age, even with her consent, is rape.

The fallacy of this section is that it is based on the “patriarchal” and “feminist” divide. This divide has unnecessarily and unreasonably “presumed” that only men can commit rape upon women. The section is starting with the words “a man is said to commit rape” and that is a misleading presumption that only men can commit rape upon women. There is nothing that proves either legally or scientifically that women cannot force men to have forceful sexual intercourse with them. The modern concept of “rape” is totally different from the traditional concept. There are growing incidences of “seduction” of men by women and they are equally “rape” within the meaning of section 375. The exploitation of males in the fashion industry and other areas is equally known. The explanation to section 375 makes the process of “penetration” an offence of rape even though it may not have resulted in a sexual intercourse. Thus, a male is liable for rape the moment he commits the act of “penetration”. It is strange that if he is “forced” to penetrate then the women are not liable for the offence of rape. If “penetration” is sufficient to constitute the sexual intercourse necessary to the offence of rape then the moment a male is forced to do the same there is an offence of rape committed by the woman. The absurdities of this section is further reflected in clause sixth of the section. It provides that sexual intercourse with a girl below 16 years of age, even with her consent, is rape. This is a good provision but it needs uniformity and equal treatment. For instance if a boy aging 18 years has sexual intercourse with a girl aged 15 years then he has committed the offence of rape even if the matter was purely “consensual”. So much so that even if the girl has persuaded and encouraged the reluctant boy for the act, still he is liable for the offence of rape. Now if a girl of 18 years has sexual intercourse with a boy of 15 years there is no provision in the IPC that can make her liable for the offence of rape. Recently, a news item showed that a major girl eloped with her “minor husband” and later on traced in a pregnant stage. The age of the boy was 14 years. The Delhi Police was clueless and was not in a position to decide what to do. These incidences are growing and the modern concept of rape has to be based on the contemporary standards and not on the basis of the traditional standards. Thus, unless the concept of rape is redefined the discrimination and absurdities will keep on multiplying.