Beyond The Binary: The Case For Gender- Neutral Rape Provisions In India
- IJLLR Journal
- Dec 10, 2025
- 1 min read
Updated: Dec 11, 2025
Samra Noor, BA LLB, IILM University, Greater Noida
Adv. Paras Yadav, Assistant Professor, IILM University, Greater Noida
ABSTRACT
Section 63 of the Bhartiya Nyaya Sanhita defines rape as an act that ‘a man is said to commit’, and the acts enumerated in the clauses within all define acts committed against women. In Naz Foundation v. Government of NCT of Delhi, the Hon’ble High Court of Delhi made several elaborate references to instances of sexual assault endured by not just members of the LGBTQ+ community, but also by men. The Hon’ble Court therein laid out the basis for how rape laws should be amended to make them gender-neutral; changing gendered pronouns to ‘any person’ and defining acts of sexual violence that are not merely endured by women but by any person. The Verma Committee also suggested gender neutrality; however, its proposal made the victim’s gender neutral but retained a gendered conception of the perpetrator.
Regardless, to date, the legislature has not acted on these recommendations, and the debate has become unnecessarily polarized, focused more on political motives than on human rights. By way of this research, the author will attempt to uncover why provisions surrounding sexual violence are gendered in India and whether the changes suggested in the Naz Foundation case should be implemented. Furthermore, this research will examine jurisdictions with gender-neutral rape laws, assess the impact of those laws, and identify lessons the Indian legislature might draw. Lastly, the study will explore sociological factors and propose measures to increase awareness so that victims of sexual assault, regardless of gender, feel safe reporting incidents.
