An Insistence On Gender Neutral Laws In India

Vatika Chaudhary, LL.M., University of Delhi

ABSTRACT

The feminist movement started throughout the world differently, at different times but sought to achieve similar goals ultimately everywhere. In India, this movement was widely supported by some prominent political leaders during the 20th century which led to some colossal changes in the laws and customs of the country. We have come a long way but it seems like similar movements might be needed in the near future for men who still feel neglected when they are faced with same or similar situations but do not have remedies available to them in the form of law. It is not just women who need protection but also men and other gender identities who are victims. Even after all these years, we seem to have neglected men that suffer similar horrors and have overlooked the fact that they too are facing extreme violation in cases of sexual abuse and the law still does not recognize such violation as a crime.

The paper highlights the turn that our legal system is taking in order to protect its people but how it comes out as one sided in various places and the impact of such neglect. In our country, some laws seem to be going out of their way to be in favor of women but make us raise questions when it comes to making laws gender-friendly for all those facing the same horrors. Special attention has been given to the newly introduced bills in the parliament to replace the existing major criminal laws of the country. The possible changes and initiatives that can be taken in this direction also find a mention in the paper along with the already existing practices and constructive interpretations made by the courts which curb discrimination on the basis of gender.

Keywords: gender neutral, rape, sexual assault, sexual harassment.