Criminal Justice System And Gender Neutrality: A Critical Assessment Of How The Indian Criminal Justice System Treats Genders Equally In Terms Of Arrest, Trial, And Incarceration

Advocate Kajal Tyagi

ABSTRACT

This legal research paper delves into the nuanced landscape of gender roles, cultural norms, and the developmental trajectory of the criminal justice system in India. The analysis underscores enduring societal expectations for boys and girls, shaping distinct norms that persist into adulthood. Focusing on the pivotal role played by the Indian judiciary, the paper explores how the interpretation and enforcement of the Indian Constitution contribute to safeguarding women's rights.

The literature review examines the intersection of the criminal justice system's approach to gender neutrality with socio-cultural factors, revealing biases and challenges faced by women. Emphasising the necessity of comprehensive, gender-neutral legislation, the study questions the extent to which existing legal provisions, judicial decisions, and institutional practices uphold principles of gender neutrality.

Through a doctrinal research methodology, the paper advocates for an inclusive socio-legal framework and provides a historical perspective, citing recent reports highlighting biases against women. It analyzes legal provisions for gender neutrality, showcasing India's strides in fostering inclusivity, particularly through acts like the Sexual Harassment of Women at Workplace Act. Judicial decisions on gender neutrality, both supportive and challenging, are explored, along with critiques of the gender-neutrality movement.

The study delves into institutional practices and procedures, addressing criticisms of the movement as a reaction to feminism. It considers implications for gender equality and justice, recognizing the challenges and critiques. The state of Indian legal provisions is analysed, acknowledging the need for a transformative shift to achieve genuine gender neutrality.

A comparative analysis explores global perspectives, emphasising the shared commitment to international conventions. The paper concludes with recommendations for achieving gender neutrality in India's legal framework, emphasising the complexities involved and the need for a multi-faceted approach.

Keywords: Gender Neutrality, Criminal Justice System, Indian Judiciary, Legal Framework, Socio-cultural Norms, Women's Rights, Institutional Practices, Comparative Analysis, Inclusivity, Gender Equality.