Law And Gender: The Disparity In Rape Laws In India
- IJLLR Journal
- Jan 7
- 1 min read
Rujula Sachdeva, University of Petroleum and Energy Studies
ABSTRACT
This Article explores the nuances of rape legislation in India by undertaking an analysis of how the law responds to, or indeed fails to respond to the needs of both male and female victims. Such laws shall be traced from their evolution where they have been centered towards protective measures of women at the expense of male victims. There have been many legislative efforts made, especially BNS 2023, which try to bring reform to sexual offence laws yet still find themselves short of offering perfect solutions concerning the offense relating to every gender. Therefore, this article is a critical approach to give means for comparison between the legal structures of India as compared to others such as in Honduras, Argentina, Denmark, and the United Kingdom concerning legal definitions and attitudes that society holds, which gives a dimension on the limitations of legal definitions and lead to further marginalization of male victims. This article also explores how these inequalities affect reporting rates and outcomes at trial, providing more evidence about some structural barriers to justice for both genders. The concluding section argues for legislation that is gender-neutral, treating all victims of sexual violence with dignity and protecting all of them, and aims to provide greater parity in the legal system in India.
