Protective Discrimination Or Legal Stereotyping? Revisiting Gendered Criminal Laws In India
- IJLLR Journal
- Oct 13
- 1 min read
Prof. Harish Sharma (Department of Law, D.S. College, Aligarh) and Avani Bansal (Research Scholar, Raja Mahendra Pratap Singh University, Aligarh)
(Page: 32 to 41)
ABSTRACT
There exists a widespread social presumption that women are the default targets of sexual offences while the man are the natural perpetrators. This stereotype has also been codified under the Indian criminal law. the Bhartiya Nyaya Sanhita 2023, and even its predecessor Indian Penal Code, majorly protect women from sexual violations, leaving adult male and transgender survivors without explicit statutory relief. This female-centric approach against combating sexual offences conflict with the constitutional commitments to equality, dignity and non-discrimination as well as the international human rights norms. This paper critically examines BNS provisions related to sexual offences, contends that patterns of perpetration do not justify excluding other victims and proposes legal social and institutional reforms to move forward towards a gender neutral inclusive legal framework.
Keywords: Sexual offences, gender- neutrality, Bhartiya Nyaya Sanhita, gender bias
