In a move that has raised concerns, India's new criminal laws, which came into effect on July 1, 2024, have omitted provisions related to forced unnatural sex. This means that victims of forced unnatural sex, including men and transgender individuals, will have no legal recourse against their perpetrators.
The Indian Penal Code (IPC), which was in force for over 150 years, had a provision (Section 377) that criminalized unnatural sex. However, the new laws - the Indian Justice Code, the Indian Civil Security Code, and the Indian Evidence Act - have done away with this provision, leaving a legal vacuum.
In recent times, there have been several cases of forced unnatural sex reported in the country, but the perpetrators could not be prosecuted due to the lack of a specific law. It was expected that the new laws would address this issue, but they have failed to do so.
The Parliamentary Standing Committee had suggested that a provision be included in the new laws to criminalize forced unnatural sex, but this suggestion has been ignored. As a result, victims of forced unnatural sex will have no legal recourse against their perpetrators.
The new laws, which were approved by President Droupadi Murmu on December 25, 2023, have been hailed as a significant legal reform after 77 years of independence. However, the omission of provisions related to forced unnatural sex has raised concerns about the protection of victims' rights.
The lack of a specific law to criminalize forced unnatural sex means that victims will have to rely on other provisions, such as those related to sexual assault, to seek justice. However, these provisions may not be sufficient to address the specific needs of victims of forced unnatural sex.
The omission of this provision has raised questions about the government's commitment to protecting the rights of all citizens, including those from the LGBTQ+ community. The government's decision to do away with Section 377 of the IPC, which was seen as a colonial-era relic, was hailed as a progressive move. However, the failure to include a provision to criminalize forced unnatural sex in the new laws has been criticized as a missed opportunity to protect victims' rights.
In conclusion, the new criminal laws in India have left victims of forced unnatural sex without legal recourse, raising concerns about the protection of their rights. The government must take steps to address this issue and ensure that all citizens, including those from the LGBTQ+ community, are protected by the law.
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