Reimagining Equality: Why India Is Not Ready For Gender-Neutral Law Yet
- IJLLR Journal
- Sep 10
- 1 min read
Riya Sharma, Haveli Institute of Legal Studies and Research, Silvassa
ABSTRACT
The demand for gender-neutral laws in India has become a significant point of legal and political debate in recent years. At the heart of this discussion lies the tension between the constitutional guarantee of equality under Articles 14, 15, and 21 of the Indian Constitution, and the sociocultural realities of a society that continues to be shaped by patriarchal norms, systemic inequalities, and deeply rooted gender hierarchies. This paper critically examines the argument for and against the immediate adoption of gender-neutral laws in India. It explores how calls for neutrality, while rooted in constitutional morality, may risk undermining the protective framework designed for vulnerable groups, particularly women and children The promise of equality before law is one of the most fundamental ideals of the Indian Constitution. Article 14 ensures equality before the law, while Article 15 prohibits discrimination on grounds of sex. At the same time, Article 15(3) empowers the State to create special provisions for women and children. This creates a tension between formal equality and substantive equality, a tension that continues to shape legal reforms in India. One of the most debated questions today is whether India is prepared for gender-neutral laws, particularly in areas of sexual offences, domestic violence, and family law. While advocates of gender-neutrality argue that crime should be determined by the act itself and not the gender of the victim, critics highlight that India’s socio-legal realities make it premature to adopt a completely neutral framework.
Keywords: Gender-neutral laws; Substantive equality; Protective discrimination; Indian Constitution, Patriarchal norms; Criminal justice system in India.
