Section 375 of the Indian Criminal Code was created to protect women from rape. In Indian criminal law, in section 375 Men are said to commited rape if he :
(a) pierce the penis in some way or force a “rape” on a woman’s vagina, mouth, urethra, or anus.
(b) in some way insert an object or body part other than the penis into the woman’s vagina, urethra, or anus, or have the woman do so to him or others.
(c) manipulate any part of a woman’s body to penetrate or penetrate the woman’s vagina, urethra, anus, or other parts of her body.
(d) place the mouth in the woman’s vagina, anus, urethra.
Under Section 370 , If a person rape woman and do so in any of the following seven situations.
1) Against to their will. 2) Without their consent. 3)With consent and consent for fear of death or injury to them or those they are close to.
4) Consent is given because a man knows he is not her husband and believes that he is another man who is married, or that he is legally married. If so, with her consent
5) If she is under the age of 18, with or without her consent.
Abuse of power
One of the famous sayings used in connection with Section 375 is “Men are guilty until proved innocent, and women are not guilty until proved innocent.”
Laws enacted to empower women and reassure them in patriarchal societies soon turned into swords that killed the dignity of men in society by false accusations, or women misused laws and power made to protect them. The problem that is occurring in our world today is that women use verbal consent to have sexual intercourse and later refuse or refrain from having sexual intercourse or falsely accuse men that they had it without thier consent. In both cases, the man has the responsibility of proof and must prove his innocence.
According to an article published in The Times of India , only one person was convicted in each of the fourth cases of rape, and high probability that anyone who did not proven guilty after a full trial could be innocent. Leads to the high assumption that innocent people have been accused of rape. India’s conviction ratebin rape cases is 32%, which is self-evident from the fact that numerous false reports related to rape have been registered in India.
Being a victim of false rape allegations is as bad as being a victim of rape. You can’t imagine the shock, trauma, ridicule, and humiliation that someone experienced after being falsely accused of rape. Not only the man, but his family and close friends suffer from various consequences, and isolation and ridicule are just a few of them. Their future is shattered, the humiliation and shame that society suffers is enough to shatter it, and no one can think of them living as they used to.
What can be done ?
The creators of Article 375 of the 2013 Act and the Criminal (Amendment) having only one vision in context to the problem, consider only the safety of women and have not developed any means of protecting innocent men in society. Therefore, there is usually a debate about what we can do to protect innocent people from society who are falsely accused. Provision (Section 375) cannot be said to be gender-neutral to remove the slight justice that this section offers, as it acts as a hurdle for women to file genuine rape cases.
Then the question arises. What can you do? In such situations, the legislature and judiciary need to work together to strike the right balance between men and women so that the virtues of justice are provided to them equally.