Rape law struggles with neutrality

New Delhi: The Union home ministry is caught in a bind over the definition of rape, which has been made “man-woman” specific in the recently amended legislation, excluding a large part of the population that does not fall in either category.

Transgenders and eunuchs who are victims of sexual violence have been left uncovered in the anti-rape law even though they are now recognised as a separate category in electoral rolls, UIDAI and even the Census.

The MHA is now revisiting the legislation to provide equal cover to them.

The ministry of law has, meanwhile, been asked to examine the larger issue of whether transgenders can be declared as “third gender” or be allowed to declare themselves as male or female (or transgender) depending on their choice.

The need to modify Section 377 of the IPC to include transsexuals in the definition of homosexuals is also under examination of the law ministry.

The government has constituted an expert committee to examine the issue and submit its final report by January 31 next year.

Anti-rape laws in the country were revised after the December 16 gangrape in 2012, which had led to a nationwide uproar, prompting the government to make the crime “woman-specific” instead of “gender neutral”.

Though the anti-rape ordinance had made the offence “gender neutral”, the Criminal Law (Amendment) Act of 2013 passed in Parliament said that only a man can commit the offence against a woman. Putting the MHA in a spot, petitions were filed in courts in at least two cases where it was pointed out that the Centre has not taken measures to protect them.

sexual offences committed against those who do not fall in either category of "male or female”.