Is India Ready For Gender-Neutral Rape Laws? A Call For Inclusive Legal Reform
- IJLLR Journal
- 10 hours ago
- 1 min read
Shivangi Singh, S.S. Khanna Girls Degree College (A constituent college of University of Allahabad)
ABSTRACT
Sexual violence is a grave violation of human dignity and bodily autonomy. It is a deeply traumatic violation that can affect individuals of any gender. However, India’s current legal framework, particularly section 375 of the IPC and its successor provision in the Bharatiya Nyaya Sanhita, continues to define rape strictly as a crime perpetrated by a male against a woman. This gender-specific definition excludes male, transgender, and non-binary survivors, leaving them without legal recognition or adequate remedies under the law.
This paper critically examines the urgent need for gender-neutral rape laws in India and examines gender-specific nature of India’s rape laws. It explores constitutional values of equality and dignity under Articles 14, 15, and 21, reviews international legal models, and analyzes judicial developments such as NALSA vs. Union of India and Navtej Singh Johar vs. Union of India that recognize gender diversity. Despite these progressive rulings, legislative reforms remain stagnant.
Through legal analysis, policy critique, and comparative insights, the paper argues that adopting gender-neutral rape laws is not only a legislative necessity but also a moral and constitutional obligation. The paper concludes by recommending specific reforms and advocating for a survivor-centric, inclusive legal approach that ensures access to justice for all, regardless of gender identity.
