Can Women Be Prosecuted For Rape Under Section 375 IPC? SC Examines

Can women commit rape? Can women be prosecuted for rape under the Section 375 IPC? It is to examine these questions the Supreme Court has taken up a case in hand in which a woman has been charged with facilitating another woman's rape. The accused woman has approached the Supreme Court to seek pre-arrest bail for herself and her son in a rape case filed by the complainant who is also the alleged wife of her elder son.

The case is being examined by Justices Hrishikesh Roy and Sanjay Karol who believe that only a man can be accused of rape. Section 375 of the Indian Penal Code (IPC) defines rape as a crime and refers to a man as the perpetrator. But the court has issued a notice before adjourning the anticipatory bail plea filed by the widow. 

Details Of The Hand

As per the case in hand, the complainant met the elder son of the widow online and was in a long-distance relationship with him. While the son was still abroad, the woman started living with the widow after an informal 'marriage' with the son over a video call. However later, the complainant alleged that the widow and her younger son tortured her. She filed cases of rape (Section 376 (2)(n) of the Indian Penal Code/ IPC), wrongful confinement (Section 342), hurt (Section 323) and criminal intimidation (Section 506).against the widow and her younger son.

Earlier, Allahabad High Court had ruled that even though women cannot commit rape, they can be prosecuted for facilitating the gang-rape of a woman through a group of men. 

Can Women Commit Rape?

Let us go back to the question that I put up at the very start- can women commit rape? Before answering this, let me define rape for you. Rape is a sexual offence which includes any sexual relationship that happens without consent. So does it really matter what is the gender of the rapist and the raped? 

The question of gender comes in when we talk about the crime of rape in terms of power relations. It is true that most rape cases by committed by men who exercise power over women because of the male privilege invested in them by the patriarchal society. But then we cannot ignore that men too are subjected to rape. Or that women too can sexually harass or rape. 

We often come across many cases in which a woman was responsible for allowing men to rape another woman. Moreover, women sexually assault men by trying to develop sexual relationships with them without their consent. But it is the double standards that don't allow society to believe that women can be a part of such a crime that clearly reflects power relations.

Double standards in society

No one believes men if they say that they have been sexually assaulted or raped by a woman. Or no one is ready to believe a woman that another woman can allow a heinous crime like rape to happen to her. We are bred into believing that women are generally kind-hearted, powerless and timid, They cannot indulge in heinous crimes. I am not trying to support the criminal mindset of women by any means. I am just trying to present the double standards that exist in our society that are unjust towards men.  

But it is high time we change this belief. Be it a man or a woman, a criminal mindset can climb on anyone. Be it a man or a woman, rape can be committed or facilitated by anyone. Be it for a man or woman, every crime must have a similar punishment and relief.  

Views expressed are the author's own.