How The Fear Of Getting Arrested Is Forcing A Gay Person To Not Report His Rape

The Logical Indian

January 5th, 2017

Gay Person Rape

Source: From the Timeline of Arnav Barbaad

Section 377 of the Indian Penal Code criminalises homosexuality. It states that “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” This law was set in the year 1860.
In 2009, Delhi High Court decriminalised gay sex between consenting adults, a move welcomed by the LGBTQI community. But in 2013, the Supreme Court overturned this judgement and said that such amendments to the section must be made only by the Parliament and not the judicial system.

Not only has this law made it difficult for homosexual people to be open about their sexual orientation and relationships, but it has also made it very difficult for victims of rape to get justice. Many won’t even file a report because they are scared that they will be arrested for being homosexual. What we should remember is that being homosexual is not a crime, but having “unnatural sex” or gay sex is a crime. We should not punish those who were raped and abused when it is not their fault.

A researcher from India’s top institute was raped by another man, but he could not file an FIR because of the fear of backlash from the police and the community. His friend shared this story on his timeline.


“My friend was drugged, raped and assaulted today. However, he can’t report it to the police or he will be arrested with the rapist as well. Why? Because he’s a gay and he aspired for love and affection in a society that outlaws it for people like him

He’s a researcher at a top institution of India, he is also a screenplay writer and a poet, but nope, all that matters is his sexual orientation

I can only imagine the frustration, the anger, the helplessness he feels right now. Not only was his rights to his body breached, but his rapist gets to walk away free and continue with his heinous crimes without a single repercussion.

Oh and this wasn’t done by a lurker in one of those shady, isolated streets. The criminal is another student of the same prestigious university. Seems Delhi is equally unsafe for some men, but they don’t even legally have a voice

Laws in India can be damn funny at times.”


From the timeline of Arnav Barbaad:

1.


2.


3.


4.


5.


6.

Share your thoughts..

Art Has The Power To Transform Lives

Related Stories

12-Yr-Old Girl Raped In Delhi, Family Gets WhatsApp Video Of Crime

Supreme Court

SC Dismisses Plea To Make Rape, Sexual Assault A Gender-Neutral Offence

Marital Rape

India Shouldn’t Follow Western Countries Blindly & Criminalise Marital Rape: Centre To Delhi HC

SC’s Right To Privacy Verdict Might Pave The Way For Amending Section 377

Minor Rape

Marital Rape Of Girl Above 15 Years Is Not A Criminal Offence: SC After Parliament’s Decision

Justice Leila Seth

Remembering Justice Leila Seth – A Woman Ahead Of Her Time

Latest on The Logical Indian

Opinion

BJP’s Reaction To Three Different Rapes: Protest March Against One, Support To Rapists In Other Two

Fact Check

Fact Check: Image Shared By ShankhNaad Of Woman Being Beaten In Kerala By Muslims Is Fake

News

Govt Asks Banks To Pay Tax On Free Services Like ATM Transactions; Burden To Fall On Customers

News

Govt Accepts Supreme Court Never Made Linking Aadhaar to Mobile Compulsory

News

India Slips Two Places, Ranks Just One Place Above Pakistan In 2018 World Press Freedom Index

News

From Death Threats To Stopping Daughter’s Education: The Struggle Of Top Cop Who Led Asaram’s Arrest & Conviction