Need for Gender Neutral Laws in India
India's legal system has made significant progress in protecting the rights of its citizens, especially in addressing gender-based violence and discrimination. However, many existing laws are predominantly gender-specific, often skewed in favour of one gender, particularly women. While this has been crucial in addressing historical injustices and societal disadvantages faced by women, the growing discourse around equality and individual rights calls for a re-evaluation of these laws. It is time for India to move towards gender-neutral laws, ones that provide equal protection and justice to all individuals, regardless of their gender.
Gender-neutral laws are those that do not assume the victim or the perpetrator of a crime based on gender. Instead, they focus solely on the nature of the crime and the rights of individuals involved. Such laws recognise that anyone, man, woman, or non-binary person, can be a victim or an offender.
Why Gender-Neutral Laws Are Necessary?
- Recognition of Male and LGBTQ+ Victims: Current laws, such as Section 375 of the Indian Penal Code (IPC)/ Section 63 of Bharatiya Nyaya Sanhita 2023 that defines rape, only recognise women as victims and men as perpetrators. This excludes male and transgender individuals who may face sexual assault, leaving them without legal recourse. Similarly, domestic violence laws under the Protection of Women from Domestic Violence Act, 2005, are applicable only to women, ignoring cases where men or LGBTQ+ individuals are abused.
- Equality Before Law: Article 14 of the Indian Constitution guarantees equality before the law. Gender-specific laws, when misused or when they ignore other genders, undermine this fundamental right. A truly equal society requires that laws protect every citizen equally.
- Misuse of Gender-Specific Laws: There have been instances where gender-specific laws have been misused, leading to false accusations and harassment. While such misuse is not widespread, even a small number of false cases can have devastating effects on the accused. Gender-neutral laws would help in ensuring that justice is balanced and not biased.
- Changing Social Dynamics: Indian society is evolving. With growing awareness and legal recognition of diverse gender identities, such as through the Transgender Persons (Protection of Rights) Act, 2019, there is a pressing need for the rest of the legal framework to keep pace and reflect this inclusivity.
- Way Forward: To achieve gender neutrality, laws related to sexual offences, domestic violence, and harassment need to be reformed. This doesn't mean taking away the protections currently offered to women, but rather expanding them to cover all individuals. Comprehensive studies, public consultations, and a balanced approach to legislation are essential. Education and sensitisation about gender issues must also accompany legal changes to transform societal attitudes.
India’s journey towards equality cannot be complete without ensuring that its legal framework protects every citizen, irrespective of gender. Gender-neutral laws are not about diminishing women’s rights, they are about expanding rights and protections to include everyone. In a truly progressive and just society, the law must be blind to gender and focused only on justice.