Challenges To Implementing Gender-Neutral Criminal Laws In India: A Doctrinal Review
- IJLLR Journal
- Aug 5
- 2 min read
Vishal, Junior Research Fellow, Department of Law, MDU, Rohtak
Dr. Surender Kumar, Assistant Professor, MDU-CPAS, Gurugram
INTRODUCTION
Background and Context
Criminal laws in India have historically been framed with a significant focus on protecting women from various forms of violence and abuse. These targeted provisions, while critical in addressing gender-based crimes, often overlook the possibility that men and non-binary individuals can also be victims. Over the years, calls for gender-neutral legislation have gained momentum, driven by the evolving understanding of human rights and the recognition that laws should accommodate all gender identities. Contemporary debates highlight the inadequacy of rigid, gender-specific statutes in responding to crimes committed against a broader range of victims.
Several high-profile legal reforms in India such as the introduction of specific protections against domestic violence underscore the legislature’s intent to safeguard vulnerable populations. Despite these well-intentioned initiatives, the exclusivity of language in many statutes raises concerns about the exclusion of certain groups who might need legal recourse. Gender neutrality in criminal law seeks to address such disparities by ensuring that everyone, irrespective of their gender identity, receives protection under the same legal framework.
Research Problem
Although the principle of equal protection is enshrined in the Indian Constitution, the legal infrastructure often relies on traditional notions of victimhood, primarily associating women with the role of victims in particular offences. Consequently, legislation that aims to shield one segment of society may inadvertently neglect or marginalise others. This leads to a pressing question: How can criminal laws in India be effectively reformed to include all genders without diluting existing protections for women? Addressing this challenge requires a careful doctrinal investigation into statutes, judicial precedents, and interpretative trends.
