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Gender Neutral Laws In India: A Critical Need Or Misguided Reform




Chanchal, Assistant Professor, Dr. B.R. Ambedkar Law College, Kurukshetra


ABSTRACT


In India, recent discussions of gender-neutral laws have gained momentum. It has shifted public attention to the issues of equality and fairness, as well as protecting the most vulnerable within our society. In this study, we will examine if creating gender-neutral legislation is a means for achieving true equality for all, or, if creating gender-neutral legislation will decrease protections that have historically been afforded to women under legislation designed to protect them. Historically, sexual offences, domestic violence and harassment laws were enacted primarily to protect women based on the fact that, in previous generations, they were considered to be at a social and economic disadvantage. However, the increased victimization of males and members of the LGBTQ+ community has exposed gaps in current legal protections created specifically for women.


This research will explore the benefits and drawbacks of gender-neutral legislation through a comprehensive investigation of the legal protections available, the case law decisions, the relationship between the frequency of violent crimes and the victimization rates of both males and members of the LGBTQ+ community.


By drawing on international expert perspectives about how gender-neutral laws are interpreted in their country and other parts of the globe, this paper provides insight into the global trends, best practices and possible paths to inclusive lawmaking. In making its argument, the paper emphasizes the need for balanced gender-neutral laws, while considering India’s socio-cultural realities. Through an evidence-based, carefully drafted approach, the research concludes, inclusive laws must be created if equality, justice, and the changing needs of society are going to be met.


Keywords: Gender-Neutral Laws, Legal Reform, Equality and Justice, Victim Protection.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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