(Written by Pyali Chatterjee)
Last year, there was a significant discussion regarding Indian Penal laws, which are not gender-neutral, following the tragic suicide of Atul Subhash. Atul’s suicide case shocked the entire nation. Soon after, another similar incident was reported from New Delhi, where a man named Punit took his own life due to alleged mental harassment by his wife and in-laws.
These two cases were strikingly similar. However, they are not the only ones — many such cases exist. Every human being has the right to legal protection, regardless of gender. In recent years, we have seen numerous instances where men have been victims of cruelty and sexual abuse. Atul and Punit’s cases were widely discussed and highlighted in national media.
However, just last month, another horrifying case emerged in New Delhi. A man named Manoj was brutally murdered over a trivial issue of spilled food on a bus seat. Manoj, who worked as a cook, was returning home on February 1 with leftover food from a catering event, accompanied by a friend.
According to Deputy Commissioner of Police (Outer North), Nidhin Valsan, “After finishing their work that night, they packed some leftover food and took it with them. They boarded an RTV bus in which three people, including the driver, were already inside. As they neared Bawana Chowk, Manoj accidentally spilled some food, soiling the bus seats and floor.”
At the time, the bus had three individuals inside, including the driver. Enraged by the spilled food, the driver and his associates allegedly forced Manoj to clean it with his shirt. They allowed his friend, Dinesh, to get off at Bawana Chowk but prevented Manoj from leaving and continued driving. What followed was a horrific act of violence.
The bus driver, Ashish, along with his two accomplices, physically assaulted Manoj. The attackers did not just beat him severely—they sexually assaulted him in a moving bus by inserting a rod into his anus, leading to fatal injuries. After he lost consciousness, they dumped his body near the Bawana flyover and fled the scene.
Police investigations have led to the arrest of one suspect, Sushant Sharma, while efforts to apprehend the remaining culprits are ongoing.
What is most shocking, however, is that Manoj’s case was not given the same media attention or public outrage as other similar cases. His case bears a striking resemblance to the 2012 Nirbhaya case, with one major difference—Nirbhaya was a woman, while Manoj was a man. This is why his case did not receive the same level of national outcry.
He may not be Nirbhaya, but he was Nirbhay—a fearless man who lost his life to the brutal acts of criminals who satisfied their perverse desires before murdering him in the most inhumane manner. Yet, under India’s criminal laws, rape is legally defined as a crime committed by a man against a woman. According to the law, a man cannot be raped.
This is not just an ordinary murder case; it highlights the urgent need for gender-neutral laws to ensure that all criminals, regardless of their victim’s gender, receive equal punishment for their crimes. The legal system must acknowledge that men, too, can be victims of sexual violence and must be afforded the same protection under the law.
Uttar Pradesh Police registered a case against four individuals for allegedly raping a 23-year-old man at a hotel in the Chiluatal area of Gorakhpur on June 14, 2024. Following this incident, the victim tragically died by suicide. The UP Police booked the four accused under Section 377 of the Indian Penal Code (IPC), which deals with unnatural offenses, including the rape of a man, a transgender person, or an animal. This case sparked a debate about the future of such offenses, particularly in the absence of Section 377 or its equivalent in the new legal framework. As currently there is no legal provision under the Bharatiya Nyaya Sanhita (BNS) to address sexual violence against male victims, which raises serious concerns about justice and legal protection for all survivors of sexual assault.
In Manoj’s case, the FIR was registered under the BNS, the new criminal code replacing the IPC. Unlike the IPC, the BNS does not include any provision equivalent to Section 377, which previously addressed crimes involving unnatural sex. The BNS fails to recognise the rape of male and transgender victims, highlighting a significant loophole in India’s new penal laws. In such a situation, the charge which can be framed under Manoj’s case is only murder.
Not only have men been raped by other men, but in some bizarre cases, men have also been raped by women. In 2022, a shocking incident was reported in Jalandhar, where a group of four women allegedly kidnapped and drugged a man. According to the victim, he was abducted in a car, blindfolded, and had his hands tied behind his back. The women then allegedly took turns sexually assaulting him.
Although the number of such cases may be far lower, many male victims do not report such incidents due to societal taboos. The fear of shame, stigma, and lack of legal recognition discourages male survivors from coming forward. As a result, only a few male victims approach the police, while most remain silent.
I hope Manoj’s family receives proper justice, along with the families of Atul and Punit. Though both cases differ in terms of the offenses committed, they share a common point—they highlight the urgent need for gender-neutral laws in India.
(The writer is HOD, Faculty of Law, ICFAI University, Chhattisgarh)
