The one thing we wish gay male rape survivors would understand about Section 377

While the number of cases of sexual violence against women has been on the rise, there are a few cases of sexual assault that no one ever gets to know about. A lot of male victims--homosexual and otherwise--are unable to get justice because of anti-gay laws in India. Yes, we are talking about the draconian Section 377 of the Indian Penal Code, which has stopped yet another victim from seeking justice after being raped.

Facebook user Arnav Barbaad, who lives in the US, shared a couple of screenshots of the conversation he had with his unnamed friend--who is gay and resides in New Delhi. The friend in the conversation alleges that the man he went out with on a date drugged him and raped him. He also says that he cannot report the crime as he is afraid that the police will arrest him on charges of being a homosexual, and accuse him of going out with the guy willingly.

The Facebook post, which has recently gone viral, asks pertinent questions: What can the people from the LGBTQ community do if they are raped? Will the law implicate them for reporting such a crime? What will be the consequences of such a court case?

Section 377, which dates back to 1860, criminalizes sexual activities "against the order of nature", arguably including homosexual acts. The section reads:

"Unnatural offences. 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."

Rape laws in India have always ignored male victims and the rape law recognizes rape as something that only a man can do to a woman. There is no room for adult male victims, much less female perpetrators.

Although child survivors of both sexes are covered by the Protection of Children from Sexual Offences Act 2012, current rape laws leave out a large swathe of male victims, who cannot come forward for fear of stigma and a lack of legal recourse.

Even though, section 377 reinstates anti-sodomy law, it does not consider "sodomy" as actual rape and makes no distinction between consensual and non-consensual sexual acts between two male adults. For those who were violated in a non-penile manner, not even this recourse exists.

Arnav's friend in this case can indeed file a complaint, because section 377 criminalizes unnatural sex--and not sexual orientation. According to the law he cannot be penalised for his sexual orientation, however, the social and legal ramifications are more complex.

The victim in his conversation states that as he was out with the perpetrator voluntarily, he fears that he would be implicated on the basis of that.

A patriarchal society, which encourages victim blaming and rape culture, may not accept a male rape survivor--the same way it doesn't accept a female rape survivor. What we need isn't just the scraping of the archaic Section 377, but also acceptance of male rape survivors and gender neutral rape laws that wouldn't torture the victims further. And perhaps, victims to be brave and come forward to start a discourse, that can one day change the law.