Gender Neutrality In Sexual Offences Under Bharatiya Nyaya Sanhita: A Constitutional And Social Critique
- IJLLR Journal
- 1 day ago
- 1 min read
Puja Ghosh, Assistant Professor, Shyambazar Law College, Kolkata.
ABSTRACT
“No man should tolerate injustice, whether it be against himself or against another.”
-Mahatma Jyotiba Phule
This quote highlights the importance of an inclusive legal framework that acknowledges all individuals as potential victims of injustice. The global challenge of gender inequality and the need for gender-neutral sexual violence laws prompt the imperative question: Can justice authentically prevail when it is tainted by bias? This paper will argue that decolonization is nothing but a populist trope, leaving significant loopholes unaddressed. Despite the broader push to shed colonial-era legacies, the legal framework still prioritizes women as the only victims of sexual violence, leaving men, transgender, and non-binary individuals without adequate legal protection. This analysis reveals systemic biases. Thus, from ignoring long-stewing concerns over justice for transgender and queer people, the BNS fails to stand up as a legal system for this day and age. This paper deals with the inadequacies and biases within the Indian legal framework regarding gender- based violence and the protection of marginalized groups. It critically examines how existing laws and institutions fail to adequately address the identity and rights of men, women, and the LGBTQ+ community.
Keywords: Gender Neutrality, Decolonization, Gender Justice, LGBTQ+, Sexual Violence Laws.
