The Government of India told the Delhi High Court that “the existing definition of rape should be left untouched”.
About:
Section 375 of the IPC: Under it, the perpetrator of the offence of rape can only be a ‘man.’
Arguments for status quo:
These sections have been enacted to protect and keep a check on the rising level of sexual offences against women in the country.
The ambit of the Protection of Children from Sexual Offences (POCSO) Act, which covers all forms of sexual offences against minors, and Section 377 of the IPC were adequate to cover all sexual offences.
Arguments for making it gender-neutral:
According to a petition filed by a social activist, Sections 375 and 376 of the IPC are not “gender neutral” because it protects only females.
Men sometimes fall victim to the same, or at least very similar, acts to those suffered by women. Male rape is far too prevalent to be termed an anomaly or freak incident.
In India, sexual crimes against boys under 18 years are covered under the POCSO Act, but once they become adults, they do not have any legal recourse.
Even Law Commission of India, in its 172th report, had recommended changes for widening the scope of rape law to make it gender neutral, by substituting the definition of ‘rape’ with that of ‘sexual assault’.
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