Is the Indian Constitution a federal structure ?

 Why is it in the news?

Hon’ble Shri DY Chandrachud, the Chief Justice of India, while delivering inaugural Lok Satta lecture in Mumbai on 26th October, said “States and union are both creatures of the constitution. They must act in deference to their legislative boundaries in finding meaningful solutions to modern day problems. Our ability to address these challenges is the litmus test for our imperfect federalism and the framers’ faith in it. If federalism in the years gone by was about adjusting to political realities in terms of legislative powers, in the years to come should be evaluated based on its ability to foster democracy and constitutional ideals of equality, liberty, dignity and fraternity. “

Introduction

The Indian Constitution does not use the word federation. Instead, it uses the term union. Article 1 says that India, that is , Bharat shall be a union of states. It means that unlike federation, the central government is not the outcome of agreement among federating units. Secondly,  the federating units have no right to secede from the central government. However, the Indian constitution postulates a federation with a centralising tendency. In the Bommai case (1994), the Supreme Court laid down that the constitution of India is federal and federalism is its basic feature. The court held that the states have independent constitutional existence. They are not subordinates or agents of the centre. Within the sphere allotted to them, states are supreme. 

What is Federalism ?

1.Federalism pre-supposes a dual government where both central and the state governments derive their power from the constitution. The power is divided between the national and state governments with clear boundaries. Secondly, it has a written constitution where both central and state governments have defined jurisdictions.  An independent judiciary which acts as the guardian of the constitution. Bicameral legislature is established whereby the second chamber represents the interests of the states. Federalism pre-supposes a rigid constitution so that no constitutional amendment can be made by ordinary legislation. In a federal structure, supremacy of the constitution is of paramount importance and thus, whenever Parliament or State legislature exceeds its power or does not conform to the provisions of the constitution, the laws passed by the Parliament or state assemblies are struck down. 

2.On the contrary, in a unitary government, all powers are vested in the central government. Moreover, the central government creates regional governments like in the UK. 

Federal features of the Indian Constitution

1.The constitution of India establishes a dual polity consisting of the union and state governments. At present, there are 28 states. They have been assigned powers separately. They are not subordinate to the Union Government. While, the Union Government deals with foreign, defence, currency, communication and so on the state governments have been bestowed with to work for regional interests like public order, agriculture, health, local self government, police etc. 

2. The Seventh Schedule of the constitution of India consists of three lists - The Union List comprising 100 subjects, the State List comprising 59 subjects and the Concurrent List comprising 52 subjects. Both the central and state governments can make laws on the subjects included in the concurrent list. But in case of any conflict, the laws made by the Parliament would supersede the laws made by state assemblies under concurrent lists. However, unlike the US constitution, the residuary subjects are vested in the central government. 

3.Our constitution clearly gives its supremacy. Thus, in case the Parliament or State Legislature exceeds its powers or its limitations, the laws passed by the legislature or parliament are declared null and void by the Supreme Court under judicial review. 

4. Ours is a written constitution. The constitution was drafted and prepared by the constituent assembly represented by 299 members from the nook and corner of the country. It contains 470 articles and 12 schedules. The constitution has clearly discussed and demarcated  the structures and functions of the central, state and local governments. 

5.Our constitution is a mixture of flexibility and rigidity. While some of the provisions of the constitution can be amended by both Houses of the Parliament with special majority, the federal structure like the central state relations, judiciary, inter-state commerce can only be amended by both Houses of Parliament and  the concurrence of half of the state legislature by the simple majority. 

6. Our constitution has made provisions for an independent judiciary by securing the tenures of judges, fixed conditions of service and independence from the executive. It has also been assigned the task to settle the disputes between the union and the state governments or between state governments. 

7. Our constitution lays down a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). While the Lower House is elected on the basis of universal suffrage, the Upper House is represented by states to protect their interests.  

8.The judicial intervention by the Supreme Court further strengthened the federal features of our constitution. For example, the Supreme Court held that a bill passed by the state legislature and presented before the Governor for his assent, cannot withhold the bill indefinitely. Rather a Governor can withhold with the assent of the bill only to send it for reconsideration, thereby circumscribing the discretionary power of the Governor.   Similarly, in the Bommai case (1994), the Supreme Court held that the test of the majority can only be held at the floor of the House, thereby, limiting the misuse of article 356 by the Governor for the imposition of  the President’s Rule in the state. 

9. Assertion of autonomy by states, demand for more financial grants by the states from the divisible pool of the central proceeds, disputes between states over the sharing of river water, territorial disputes between different states, creation of new states and finally emergence of regional parties to reduce regional disparities and for balanced regional development are some of the important federal trends that are being reflected in the working of the constitution of India for the last 75 years. 

Centralising features of the constitution of India  

There are certain centralising features which contrast the Indian constitution from the US constitution in so far as  the federal features are concerned. These are 

• Emergency Provisions under articles 352, 356 and 360

• Integrated judiciary 

• All India Services 

• Integrated audit system

• Integrated election commission

• Appointment/ Powers and Functions of Governor

• Parliament's authority even in the matters relating to the state list

• Single citizenship 

• Single constitution

• No equality of state representation in the Rajya Sabha

• More powers to the union government than state governments 

• The President enjoys absolute veto over state bills 

Conclusion

1. The Indian constitution postulates cooperative federalism where the union and state governments work together to iron out the differences that arise in governance to achieve the common goal of development. 

2. The states are in no way dependent upon the centre for the legislative or the executive authority. Both the centre and the state derive their power from the constitution itself. 

3.However, to strengthen the unity and integrity of India, certain exceptional provisions were made to face the challenges in abnormal/ exceptional situations so that in case of emergencies , India acts as a single powerful body. That’s why provisions of emergency, flexibility in the amendment of the constitution and a strong central government have been made. 

Reorganisation of States and Union Territories after Independence

 Why is it in the news ?
1. The J & K cabinet led by Chief Minister Umar Abdullah passed a resolution calling for the restoration of the statehood to the Union territory. However, the opposition party criticised the move as the resolution did not take into account the restoration of article 370, giving special status to J & K. 
2. It should be noted that on 5th August 2019, the Union Government abrogated article 370 and thus, snatched away the special status accorded to it by the constitution of India. In addition, the province of J & K was split into two union territories of J & K with legislative assembly and Ladakh with no legislative assembly. 
3. J & K lieutenant Governor Shri Manoj Sinha has cleared the resolution passed by the Umar Abdullah cabinet urging the centre to restore the statehood to the Union Territory. 
4. The official statement said that the restoration of statehood will be the beginning of a healing process, reclaiming the constitutional rights and protecting the identity of the J & K. 
5. The cabinet has authorised the chief minister to take up the matter with the Prime Minister and Government of India for the status of statehood. It has been learnt that the newly elected Chief Minister Umar Abdullah would be proceeding to New Delhi in the coming days to meet the Prime Minister and Union Ministers in this regard. 
6. The downgrading of a state into a Union Territory was the first example in independent India. There are many examples when union territories were upgraded to statehood like Himachal Pradesh, Mizoram, Manipur, Tripura, Goa, Arunachal Pradesh. The contention of the Union Government was that the special status of J & K and downgrading of the state to union territory was done to control separatist forces in the valley. It was necessary to check Pakistani sponsored terrorist activities into the valley. 


History of reorganisation of states and Union Territories in India
1. India is a vast country. It cannot be run from one centre. So to run the administration smoothly, the country has been divided administratively into different provinces. 
2. In the Mauryan Period, there were four provincial centres headed by the scions of the royal family. These centres were Takshila near Peshawar Pakistan, Ujjayini (Malwa), Tosili (Odisha), Suvarngiri (Karnataka).
3. The Sultans of Delhi introduced the Iqta system headed by Mukti or Wali. Later on, these Iqtas became provinces. During the period of Allauddin Khilji, provinces of Bengal, Bihar, Punjab, Badaun (UP), Gujarat, Malwa and Deccan came into existence. 
4. During the Mughal Period, there were 15 provinces during the regime of Emperor Akbar, which increased to 21 during the period of Aurangzeb when he annexed Bijapur, Golkonda, Assam. During the Mughal Period prominent provinces were : Delhi, Agra, Lahore, Bengal, Gujarat Deccan, Bihar, Multan, Malwa, Awadh and Kabul. 
5. During the British Period, India was divided into British India directly controlled by the British Government and Princely states indirectly controlled by it. In British India, there were 12 provinces called Bengal Presidency, Bombay Presidency, Madras Presidency, United Provinces, Punjab, Bihar, Odisha, Central Provinces and Berar, Assam, North West Frontier Province, Sindh, Balochistan, Ajmer-Merwara. Important Princely states were Hyderabad, Kashmir, Mysore, Baroda, Travancore, Bhopal. 
6. After independence there was sharp demand from the Southern States to reorganise states on the basis of language. The union government appointed S K Dhar and later on the J V P (Jawaharlal Nehru, Vallabh Bhai Patel, Pattabhi Sitaramayya) committee. Both committees rejected the reorganisation of states on linguistic basis. 
After the annexation of Princely States into India, the territory of India was reorganised into four categories in 1950.
Part A : Assam, Bihar, Bombay, Madhya Pradesh, Madras, Odisha, Punjab, United Province, West Bengal.
Part B : Hyderabad, J & K, Madhya Bharat, Mysore, Patiala and East Punjab, Rajasthan, Saurashtra, Travancore and Cochin, Vindhya Pradesh. 
Part C : Ajmer, Bhopal, Bilaspur, Cooch Behar, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura.
Part D : Andaman & Nicobar island.
7. In 1953, the Union Government was forced to reorganise Andhra Pradesh by carving out the Madras Presidency for Telugu speaking people on account of the death of P Sriramulu of 56 days long hunger strike. 
8. The union Government appointed the Fasal Ali commission consisting of Justice Fazal Ali as chairman , K M Panikar and H N Kunzru as its members. On the basis of the recommendation of the commission, 14 states and 6 UTs were reorganised on 1st November 1956. These states were Andhra Pradesh,  Assam, Bihar, J & K, Kerala, Madhya Pradesh, Madras, Mysore, Odisha, Punjab, Rajasthan, Uttar Pradesh, West Bengal. Six Union Territories were Andaman & Nicobar Islands, Delhi, Himachal Pradesh, Lakshadweep , Manipur, Tripura. Thus, the distinction between Part A and Part B states was removed. Part C states were abolished. Some of them were merged with adjoining states while others were made Union Territories. For example, Ajmer was merged with Rajasthan, Bhopal with Madhya Pradesh, Bilaspur with Himachal Pradesh, Cooch Behar with West Bengal, Coorg with Karnataka, Kutch with Gujarat. While Delhi, Himachal Pradesh, Manipur, Tripura were made Union Territories because of their strategic locations. Similarly, Part B state of Hyderabad was merged with Andhra Pradesh, Madhya Bharat with Madhya Pradesh, Mysore with Karnataka, Patiala and East Punjab with the Punjab Province, Saurashtra with Gujarat, Travancore Cochin was merged with a new state Kerala, Malabar District of Madras and Kasargod district of South Canara were merged with Kerala. 
9.In 1960, the Bombay province was divided into Marathi speaking Maharashtra and Gujarati speaking Gujarat State. 
10. Dadra & Nagar Haveli were liberated in 1954 from Portuguese control. It was made an Union Territory in 1961. In 2020, this Union Territory was merged with Daman & Diu. 
11. The Portuguese enclave of Goa, Daman & Diu were liberated in 1961. It was made a Union Territory in 1962. In 1987, Goa got statehood. 
12. The French Government handed over its enclave of Puducherry, Karaikal, Mahe and Yanam in 1954. In 1962, it was made a union territory. In 1963, Nagaland was carved out from Assam to make it a separate state. In 1966, Punjab Province was divided into Punjabi Speaking Punjab and Hindi Speaking Haryana. Chandigarh was made the joint capital of both the states. 
13. In 1972, Union Territories of Manipur, Tripura and Sub State of Meghalaya got statehood while Mizoram and Arunachal Pradesh accorded the status of Union Territories. These two union territories became full states in 1987. 
14. Sikkim became the 22nd state of India in 1975. In 2000, three states came into existence. Uttarakhand was carved out from Uttar Pradesh, Jharkhand from Bihar and Chhattisgarh from Madhya Pradesh. 
15. In 2014, Telangana was carved out from Andhra Pradesh. In 2019, J & K lost its statehood and was downgraded to UT. A separate Union Territory of Ladakh was carved out from J & K.
16.Thus, as of now there are 28 states and 8 Union territories in India.
Causes for the demands of new States in India after Independence
1.Linguistic and Cultural identity - States like Andhra Pradesh, Gujarat, Maharashtra, Haryana were carved out to meet the linguistic and cultural identity of the people. 
2. Ethnic affinity - States like Nagaland, Arunachal Pradesh, Mizoram, Manipur, Meghalaya, Tripura were made to meet the aspirations of different ethnic communities. The Bodo people of Assam are agitating for separate Bodo land to preserve their ethnic identity. 
3. Economic disparities - States like Uttrakhand, Chhattisgarh, Telangana were created to undo the economic disparities in those regions. People of Vidarbha (Maharashtra), Eastern UP, Mithalanchal in Bihar are agitating for separate statehood because of the economic regional disparities. 
4. Tribal identity - States like Jharkhand and Chhattisgarh were created to meet the aspirations of tribals of those regions where they constitute a large number. The people of Gorkhaland have been agitating for separate statehood to preserve their cultural identity. 
5. Administrative Efficiency -  When a state is very big, it becomes difficult to administer efficiently. That’s why, there is a demand to bifurcate UP in four parts and Rajasthan in two parts. 
Difference between States and Union Territories 
1. Under our constitution, states have got a separate division of power under schedule VII of our constitution. While state assemblies can make laws on subjects listed in State and concurrent list, the Union Parliament can make laws on the subjects included in the Union List. 
Union Territories are directly governed by the Central Government through an Administrator or lieutenant Governor. Delhi, Puducherry and J & K have legislative assemblies but their legislative power is limited when compared to states. For example, the central Government has exclusive jurisdiction in matters relating to land, public order and police in the Union Territory of Delhi. Similarly, In J & K, the central Government has exclusive jurisdiction over security , police and public order. 
2. Except Delhi, Jammu & Kashmir and Puducherry, other Union Territories have no right to send MPs to Rajya Sabha like States. 
3. States have authority to collect certain taxes and receive a share of central taxes based on the recommendation of the finance commission. On the other hand Union Territories are generally more financially dependent upon the central Government.
4. Heads of the states are Governor while head of UTs is the President of India who governs UTs through Lieutenant Governors or Administrators. 

Constitutional Provision

1.According to Article 1 of our constitution, India, that is, Bharat, shall be a union of states. The term union implies that no state has the right to secede from the Union. Nor Union has been made by the agreements among different units (states). The term federation was deliberately not applied in our constitution. Thus, the Union Government is indestructible made of destructible states. Unlike the US, the Parliament is authorised under article 3 to form a new state by separation of territories from any state by uniting two or more states or parts of states or by uniting any territory to a part of any state. The Parliament has power to increase the area of any state, diminish the area of any state and alter the boundaries of any state or alter the name of any state. The changes in the composition of the state can be made by a simple legislation process, It has not to go through constitutional amendment process under article 368. 

Article 3 lays down two conditions in this regard. 

• A bill contemplating any above changes can be introduced in Parliament only with the prior recommendation of the President.

• The President has to refer the same to the state legislature for expressing its views for the specified period. According to the 18th constitutional amendment Act,1966, the Parliament has been empowered to form a new state or Union Territory by uniting a part of any state. The President is not bound by the views of the state legislature or may either accept or reject them. Thus, Parliament is authorised to redraw the political map according to its will. The union Government can destroy the state or UT while states or union territory cannot destroy the Union. In the USA, the territorial integrity of States is guaranteed by the constitution and so no alteration or changes in the composition of states can take place without the consent of the concerned states. 

• However, Parliament cannot cede any territory of India to any foreign country after the constitutional amendment under article 368. 

• 
  

Way Out 

1. The Government has launched several measures to address regional disparities in India. It has started a special area development programme, providing incentives to promote investment in backward areas. Major financial institutions are providing concessional finance to backward areas. The Central Government is giving income tax concession, transport subsidy and investment subsidy to the entrepreneurs, and employment opportunities to people below poverty line, especially  SCs/STs in backward regions. Government has instituted backward regions grant funds to meet rural infrastructure needs. Similarly, the North Eastern region is being given top priority to accelerate development there. However, in spite of the efforts of the Government since the First five year plan, the regional disparities could not be reduced. There is a huge disparity between Northern and Southern Regions. Similarly, there is a big disparity between the different parts of a state. This causes resentment and clamour for separate statehood. Similarly, tribal councils under Fifth and Sixth schedule should be strengthened so that tribals are connected with the mainstream of the administration. However, the one state-one language formula must be discouraged. The future states must be carved out taking into account administrative efficiency, cultural homogeneity and emotional bonding of the people of a particular region.  

Why do courts acquit criminals/accused?

 

Why do courts acquit criminals/accused?

Why is it in the news?

As per the news item published in the reputed Newspaper at Indore, the court acquitted three accused charged with murder and kidnapping of a 13 year old son of a medical shop owner. It was contended that most of the witnesses turned hostile and so the court acquitted the accused. The mother of the dead son was in the precinct of the court and she started sobbing but the accused came out with their smiling faces. Thus, the boy, who was killed, did not get justice even after his death.

Introduction

1.Once a crime is committed, the Police register FIR. Investigation goes on. 

• The investigation of an offence consists of proceeding of the investigating officer to the spot, ascertainment of facts and circumstances of the case, discovery and arrest of the suspected offenders, the examinations of various accused and the search of places or seizure of things considered necessary for the investigation and finally, formation of the opinion as to whether on the basis of materials collected, there is a case to present accused before the magistrate for trials and if so, taking the necessary steps by filing of a charge sheet under section 173 of crpc.

2.If there is sufficient evidence, the investigating officer produces a charge sheet in the court. The court starts the trial proceedings whereby examination chief, cross examination and re-examination of the witnesses, complainants and accused take place. The relevant documents are exhibited in the court of law before the accused. The Judge either convicts or acquits the accused on the basis of evidence brought before him. 

3.If there is sufficient evidence, the court convicts the accused as per the provision of Indian Penal court. If the court is not satisfied with the evidence brought before it, it may acquit the accused. 

Causes of the acquittal of the accused 

The acquittal of an accused can be attributed to the complexities of so many factors. These are -

• Insufficient evidence- If the prosecution fails to establish the guilt of the accused on the basis of insufficient evidence incriminating the accused, the court can acquit an accused. 

• Reasonable doubt- It is the duty of prosecution to prove the involvement of the accused in the crime beyond reasonable doubt. If the defence successfully introduces doubt about the involvement of the accused in the case, the court can give a verdict in favour of the accused by acquitting him. 

• Illegal evidence - If the court comes to the conclusion that the prosecution has obtained evidence unlawfully, it may not admit that illegal evidence in the court and this may lead to acquittal of the accused.

• False confessions - If defence proves that the confession of the accused was obtained by coercion, temptation, allurement or under duress, the court may not admit those confessions by the accused and this may lead to acquittal.

• Credibility of witnesses - If witnesses are inconsistent, biased , and their statements are contradicted by other evidence, it may create scepticism in the mind of the judge and he may acquit the accused because of the lack of accuracy among witnesses. 

• Failure in identification of unknown accused and stolen goods may lead to acquittal of accused.

• Alibi - If the defence successfully establishes the fact that the accused were far off from the place of occurrence of crime and it was not humanly possible to reach the place where the crime occurred, the court may presume that the accused are not involved in the commission of crime.

• If the expert testimony is challenged by the defence and their methodology or expert testimony is successfully impeached, the court may presume that the expert's testimony were vitiated and so it may acquit the accused. 

• Lack of jurisdiction- on account of lack of jurisdiction, the court can also acquit and accuse.

• Statutes of limitations -  The law dictates a specific time limit within which charges must be found. If the prosecution brings charges after the statute of limitation has expired, the accused may be acquitted due to the legal time limit. 

• Poor investigation - Investigation is the process of linking the chain of circumstances under which the crime occurred and the crime detected. If the Investigating Officer fails to establish the link of the occurrence and the detection of the crime and if there is a missing link, the court may acquit the accused. 

• Procedural violations - failure to adhere to legal procedure during evidence collection, statement of witnesses, arrest, searches can render evidence inadmissible in the court. 

• Political influence - Pressure from higher authorities or political masters can compromise the independence and impartiality of the investigation leading to the acquittal of the accused. 

• Resourceful and powerful accused - Sometimes accused are so powerful politically and economically that they exert enormous pressure upon witnesses, the police and the court. Moreover, these powerful accused hire reputed lawyers to defend their case. While the complainant and his government advocate can not match the legal knowledge and expertise of defence lawyers. This leads to the acquittal of the accused. 

• In addition, lack of expertise of the investigating officer, procedural violation, inadequate training and prejudice of the investigating officer are other factors for the acquittal of accused. 

Impact of acquittal of the accused on the society 

Society is disturbed whenever wrongful convictions take place or guilty individuals are acquitted. This leads to the erosion of public trust in law enforcement. The confidence of people in the criminal justice system is also shaken. Law and order situation worsens. Anarchy prevails. The prestige of police ebbs in the eyes of people. 

Conclusion

Acquittals of an accused occur on account of several factors. It is therefore pertinent that the comprehensive legal procedure is followed. The rights of the accused are safeguarded. The evidence is collected and scrutinised before producing them into the court of law so that the court can trust them. It must be remembered that as per the jurisprudence, every accused is innocent until proven guilty by the court. Efforts should be made to cross examine witnesses and accused in such a way that the court is satisfied with the collection of evidence and its authenticity. 

Can a Man be raped by woman?

 क्या पुरुष का भी बलात्कार होता है ? | Can a Man be raped by woman?

Why is it in the news?

1. Last year in 2022, four women raped a man at Jalandhar.

2. Delhi based center of civil society found that about 18% of Indian adult men reported by coerced or forced to have sex. Of those 16% claimed a female perpetrator and 2% male perpetrator. 

3. The incident of rape of man by woman is unreported in India because in a patriarchal society like us people do not take it seriously.

4. It is estimated that approximately 1 in 6 men were sexually abused as children.

5. Rape is thought to be a crime committed solely against women.

6. Men often do not report about sexual assault upon him by a woman because they are afraid that in case of reporting people will doubt their sexual orientation and label them homosexual. So, most of the time male victims try to conceal the rape on him.

7. It has been estimated in America that 10.5% men were raped by females.

What is rape?

1. In India, rape is always committed on female by male u/s 375 IPC when the sexual intercourse has been done against the will of the women, against her consent, and when consent has been obtained under threat of death or hurt or when her consent has been obtained by misrepresentation or when consent has been obtained by intoxicating her.

2. In India a rape will be committed when a girl is under 16 years of age and consent will be not applicable.

3. However, women is married to the man the act is not considered as rape whether or not she has consented. Only exception is that the wife must not be under 16 years of age or the couple is separated.

Akhilesh Jha. Legal Adda

What is the law of rape on man by woman in India?

    1. There is no such law for rape on adult man by woman in India

    2. However, under POCSO (Prevention of Children from Sexual offences),         there is a provision of gender neutrality. The irrespective of the gender                 whether boys or girls below 18 years, if they are sexually abused or exploited     or raped, the victim can file case against the accused under POSCO act

    3. In case of rape of man by woman there is no legal provision in India. At best     the offender can be prosecuted u/s 374 for unlawful compulsory labour. This         act punishes the offender for 1 year or with fine or with both if the accused         unlawfully compels any person to labour against the will of that person.

    4. The offence is cognizable, bailable, non compoundable and triable by any             magistrate.

Effects upon male victim

    1. The victim suffers from tension, headache, colitis, black eyes and soft             tissue injury and laceration.

    2. Social stigma upon male victim

    3.Post traumatic stress disorder 

    4. Male victims fear being labelled as homosexual or bisexual.

    5. Depression

    6. Alcoholism and drug abuse

    7. Suicidal thoughts

    8. Problems in intimate relationship

    9. Sense of being an inadequate man

    10. Sense of lost power and confidence

    11. The male victim needs extensive emotional and psychological healing             after the rape by female

Conclusion

    1. Like gender neutral law of POCSO, the rape law should also be made             gender neutral. 

    2. Since, Indian society particularly in metropolitan cities is changing fast and     because of the educational advancement among women, they have occupied     positions of authority in different departments, public sectors and private             sectors.

   3. Since, large number of women have occupied high positions in society ,             they are in the position to dominate or govern the will of her male                         subordinates and so sexual abuses or exploitation or rape by her on male         subordinates can not be ruled out

    4. Since, most of the developed countries in the world like US and UK                 amended the rape laws and made it gender neutral, it is incumbent upon the     Parliament in India to make rape law as gender neutral.

    5. Several PILs for making rape laws gender neutral filed in the Supreme             court were rejected. The judges contended that they could not amend the             IPC. It is the prerogative of the parliament to amend the rape laws.

    6. The myth that man can not be raped or sexually assaulted does not hold         water. The idea that man should be able to defend himself against attack             depends upon the different situation.

    7. Any man can be sexually assaulted regardless of size, strength,                         appearance, age, occupation or sexual identity.