Equality Before Law: Analysing The Need For Gender- Neutral Legal Reforms In Light Of Bharatiya Nyaya Sanhita 2023
- IJLLR Journal
- 2 hours ago
- 1 min read
Mr. Alok Kumar, City Academy Law College
ABSTRACT
The constitutional guarantee of “equality before law and equal protection of laws” under Article 14 of the Indian Constitution forms the cornerstone of a justice system that aspires to transcend gender bias. With the replacement of the colonial-era Indian Penal Code (IPC) by the Bharatiya Nyaya Sanhita (BNS), 2023, India stood at the threshold of redefining its criminal jurisprudence to reflect modern, inclusive, and equitable values. However, despite its progressive ambitions, the BNS continues to preserve gender- specific provisions—such as Section 85 (cruelty against married women, formerly Section 498A IPC) and Section 75 (sexual harassment, formerly Section 354A IPC)—which, while designed to protect historically oppressed groups, inadvertently reinforce a gendered understanding of victimhood and culpability.
This paper critically interrogates the extent and implications of gender- specificity in the BNS through the lens of constitutional equality, human rights, and evolving judicial interpretation. It explores the challenges in implementing gender-neutral laws—ranging from societal stigma and institutional bias to the lack of recognition for male and LGBTQ+ victims— and assesses the need for multi-pronged reform. These include adopting gender-neutral terminology, redefining key provisions such as Section 63 BNS (rape), and instituting mandatory sensitization, data-driven policymaking, and awareness initiatives.
By engaging with comparative international models and constitutional jurisprudence, the study demonstrates that true gender justice requires a shift from protectionism to parity. The analysis concludes that while the BNS marks a significant legislative milestone, its selective neutrality limits the realization of India’s constitutional promise. Therefore, embracing comprehensive gender-neutral legal reform emerges as not merely a legislative aspiration but a constitutional and moral imperative toward achieving equality and justice for all.
