Vishakha Sharma, O.P. Jindal Global University (Jindal Global Law School)
ABSTRACT
This research paper investigates the possibility of convicting women for rape under Indian laws by examining the legal framework and judicial interpretation. Despite the growing awareness of gender-neutral sexual offenses, the Indian Penal Code (IPC) maintains a gender-specific definition of rape. The paper critically analyzes this definition, its implications for gender equality, and the need for legal reform in the context of evolving societal norms and international standards. The study begins by providing an overview of the prevailing legal framework concerning rape in India. It highlights the specific provisions within the IPC that define rape as a crime committed by a man against a woman. The paper then delves into the historical and cultural context that has influenced the development of such gender-specific laws. Next, the research analyzes the potential consequences of maintaining a gender-specific definition of rape. It explores the implications for gender equality, arguing that a narrow definition not only reinforces traditional gender roles but also perpetuates the notion that only men can be perpetrators of rape. This perpetuates harmful stereotypes, ignores the experiences of male victims, and disregards the possibility of female perpetrators.
Furthermore, the paper examines the changing societal norms and increased recognition of gender diversity in recent years. It highlights how these shifts have influenced global conversations around sexual offenses and the need for more inclusive legal frameworks. Drawing upon international standards and comparative analysis, the research explores the approaches adopted by other jurisdictions to address the issue of gender-specific definitions of rape.
Finally, the study concludes by emphasizing the urgent need for legal reform in India. It argues that the current gender-specific definition of rape is not only inconsistent with evolving societal norms but also undermines the principles of equality and justice. The paper proposes potential avenues for reform, such as adopting a gender-neutral definition of rape or expanding the scope of existing laws to encompass all possible perpetrators and victims.
