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Reassessing Gender Justice: The Need For Equitable Legal Frameworks In India




Sumit Gupta, Institute of Legal Studies and Research, GLA University, Mathura

Devdutt Sharma, Institute of Legal Studies and Research, GLA University, Mathura


ABSTRACT


The development of gender justice in India has largely concerned itself with addressing the historical injustices perpetrated against women, resulting in a legal framework that focuses primarily on protection. Although such legal remedies have been crucial to the protection of women's rights, they have also, if unintentionally, played a part in gender differences in legal recourse, particularly in instances of abuse. This paper critically examines the gender- specific laws, specifically those related to domestic violence, maintenance, and sexual offenses, and analyzes their implications for men. Based on data, case studies, and comparative legal frameworks from nations such as the United States of America, China, and Russia, the paper identifies the growing need for gender-neutral laws. The paper also illustrates the manner in which the absence of such legislation in India has exposed men to legal manipulation, false charges, and social boycott. It further argues that real gender justice cannot be achieved through one-way protection but has to emerge out of an equitable legal system that recognizes the rights and challenges of both genders. The paper calls for a re-evaluation of existing legislations and urges lawmakers to create fair legal frameworks that aims to promote the principles of fairness, justice,

and equality for all.


Keywords: Gender justice, women’s rights, domestic violence, gender- neutral laws, false charges.




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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