Section 377 out, new bill also provides no protection to men against sex assault

The government introduced a bill in Parliament on Friday seeking to overhaul.

The Indian Penal Code, a set of laws that define and prescribe punishments for crimes in India. One of the changes proposed is to drop Section 377 of the existing Indian Penal Code.

In effect, the proposed law envisions no punishment for unnatural sexual offences against men. The proposed law defines sexual offences such as rape as an act by a man against a woman or a child. Currently, sexual offences against men are covered under Section 377.

Section 377 of the Indian Penal Code (IPC) says “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”.

Reacting to the proposed bill, lawyer Niharika Karanjawala Misra said that the law should be wide ranging and fair.

“What you’re leaving is a situation where, under no circumstances, can a male ever claim to have been sexually assaulted. You are leaving aside a large section of potential victims,” she said.

She also raised concern for boys, saying they won’t be protected under the law against sexual assault after they turn 18. “While we do have the POCSO Act which protects boys in cases of sexual assault, this new proposal means that as soon as a boy turns 18, the protection of the law is gone,” she said.

Misra said that equal protection and equal accountability is not extended under the laws with regard to sexual assault.

Earlier in 2018, a Supreme Court judgment had read down IPC’s Section 377, ruling that sexual acts between “consenting adults” would not be a criminal offence, in effect decriminalising gay sex.

“Section 377 criminalising consensual unnatural sex is irrational, indefensible and manifestly arbitrary. It stands partly struck down for being violative of the right to equality,” a five-judge bench ruled on September 6, 2018.

The Supreme Court had said aspects of Section 377 dealing with unnatural sex with animals and children would remain in force.