What punishment will be given if a transgender or a man is raped? Know what the new law says
New Criminal Laws: Section 377 has not been retained in the Indian Code of Justice. This means that rape of an adult person will not be a crime under any law.
What punishment will be given if a transgender or a man is raped? Know what the new law says
The new rape laws make men and the transgender community unsafe.
New Criminal Laws: Three new criminal laws have come into force across the country from Monday (July 1). With this, the laws made in enslaved India have ceased to exist. During this time, with the implementation of new criminal laws, concerns are being raised over the exclusion of punitive provisions for rape of male or transgender victims in the Indian Code of Justice. At the same time, IPC 377 has been completely removed from the Indian Code of Justice, which makes unnatural physical relations a crime. This will now take away the protection given to men and transgenders.
In fact, in the year 2018, the Supreme Court of India made significant changes to Section 377 of the IPC through its landmark Navtej Singh Johar vs Union of India decision. The Supreme Court’s decision excluded consensual sexual relations between adults, including those of the same sex, from the category of crime. However, in the new Indian Justice Code, the law has completely removed this section.
Male and transgender rape victims are vulnerable
Let us tell you that, despite its amendment in the year 2018 to exclude consensual homosexual relations, Section 377 is still used to prosecute cases for non-consensual acts. However, the removal of this law in the Indian Justice Code leaves male and transgender victims with limited legal avenues to seek recourse in cases of sexual assault. At the same time, from today, rape laws in India are not gender neutral and after July 1, rape of men and transgender persons will become a non-crime.
The new laws were approved by President Draupadi Murmu
It is worth noting that three new criminal laws – Indian Justice Code, Indian Civil Defense Code and Indian Evidence Act have come into force from today. Under this, the Indian Penal Code has been replaced by the Indian Justice Code, CrPC by the Civil Defense Code and the Indian Evidence Act by the Indian Evidence Act. Which is an important legal change after 77 years of independence. These laws got the approval of President Draupadi Murmu on 25 December 2023.
358 sections added to the Indian Justice Code
At the same time, 358 sections have been added to the Indian Justice Code in these three new criminal laws, which is less than the 511 sections of the IPC, including 20 new crimes and increased imprisonment for 33 crimes. However, it does not have provisions for gender-neutral punishment for rape, which shows a shortcoming in the new criminal law
Courtesy: Hindi News