Constitutional Implications Of India’s Rape Laws: A Setback To Justice, Equality, And Dignity
- IJLLR Journal
- Dec 15, 2024
- 1 min read
Gunseerat Kaur, B.A. LL.B. (Hons.), University Institute of Legal Studies, Panjab University, Chandigarh
ABSTRACT
The introduction of the Bharatiya Nyaya Sanhita (BNS) 2023 signifies a momentous shift in India’s criminal law system, however, the rape provisions take the form of a regressively exclusionary approach that does not encapsulate the changed nature of sexual violence in a modern, diverse society. The BNS 2023 continues with a gendered, binary definition of rape; it leaves out LGBTQIA+ victims and does not criminalize marital rape, thus, diluting constitutional rights of equality, dignity, and bodily autonomy. This framework reinforces irrational pro-gender norms and patriarchal establishments that disregard the global human rights standards, along with India’s constitutional values. This article contends for a comprehensive reform of rape laws to ensure inclusivity, equality, and justice for all individuals, regardless of gender, sexual identity, or marital status, in alignment with international human rights frameworks.
