Gender Neutrality In Indian Legislation: A Constitutional And Socio-Legal Analysis
Dr. Prakhar Puranik, Assistant Professor, School of Law & Public Policy, Avantika University
Ms. Kasturi Pathak, BBA LLB (Hons.), School of Law & Public Policy, Avantika University
ABSTRACT
Contemporary Indian jurisprudence reveals a profound gender asymmetry in protective legislation with laws overwhelmingly favoring women in domestic violence, sexual harassment and matrimonial disputes while denying men equivalent legal recourse. This disparity not only establishes institutional bias but also contributes to a silent crisis of male vulnerability, as evidenced by escalating suicide rates among married men and well documented misuse of women-centric provisions like Bharatiya Nyaya Sanhita Section 85 (cruelty by husband or relatives). This study confronts the urgent imperative to scrutinize the absence of comprehensive protections for male victims, interrogating how gender-specific frameworks undermine India’s constitutional commitment to equality under Articles 14 and 15. Recent National Crime Records Bureau (NCRB) data gives us the data where married men comprise 72% of male suicides, with matrimony elevating men’s suicide risk by approximately 6% while conferring relative safety for women. Bridging feminist jurisprudence, masculinity studies and critical legal theory, this study analyzes NCRB statistics, landmark judgments and international gender-neutral models from the UK and Canada. It proposes transformative reforms like gender-neutral amendments to BNS Section 85 and the Domestic Violence Act, procedural safeguards like mandatory Family Welfare Committees, establishment of a National Commission for Men and judicial guidelines prioritizing evidence over gender presumptions. By exposing societal biases and institutional prejudices, this study charts a path toward substantive constitutional equality protecting all genders without diluting historical safeguards ensuring justice transcends competition for victimhood and fulfills India’s egalitarian vision.
Keywords: Gender Justice, Human Rights, Crimes against Men, Criminal Laws, BNS, BNSS.
