Gender Neutral Laws In India - A Critical Analysis

Jay Pradeep Gavade

Aditi Ajit Ankush

ABSTRACT

India's legal strategy for gender-neutral legislation has been delayed and uneven, despite suggestions from numerous committees and commissions. We live in a society that promotes gender equality and civil rights across cultures. To understand gender-related rights and regulations, one must first deconstruct the gender concept. According to the United Nations, it is a socially and culturally created term that distinguishes between men and women, and boys and girls. This has something to do with an individual's feminine and masculine characteristics. Gender-neutral laws provide the protection of all persons, regardless of gender. Existing laws often favour one gender over another, necessitating the creation of such legislation. For example, laws regarding rape and sexual attacks in India is gender-specific, protecting exclusively women. This leaves males and transgender people vulnerable to sexual assault without legal protection. Gender-neutral laws provide equal protection for all persons. The legislature should pass laws to close gaps and safeguard all citizens. Introducing gender-neutral legislation can help change society attitudes about the roles of gender and prejudices.

This article examines gender-specific flaws in India's Women Protection Laws, which punish primarily males and do not provide equal protection against crimes perpetrated against women. The author analyses current Indian protective legislation in light of gender neutral regulations and proposes changes to ensure equal protection for all genders under law, rather than prioritizing one over another.

These laws are necessary to ensure equal legal protection for all persons. The legislature must take steps to adopt gender-neutral laws in order to close gaps in current laws and safeguard all citizens.

Keywords: Gender neutral, Gender-biased Laws, Rape, Human-rights, Sexual harassment.