Reimagining Gender Binaries: A Comparative Analysis Of Sexual Offence Laws In India And The United Kingdom
- IJLLR Journal
- Mar 28
- 1 min read
Dr. Gayathri N M & Sanjana G L, School of Legal Studies, CMR University
ABSTRACT
Sexual offence laws have historically been structured around rigid gender binaries that position men as perpetrators and women as victims, reflecting broader patriarchal assumptions embedded within legal systems. While these frameworks were initially justified as protective mechanisms, they have increasingly been criticised for excluding male, transgender, and non-binary victims and for perpetuating structural inequalities. This paper undertakes a detailed comparative analysis of sexual offence laws in India and the United Kingdom, examining how gender binaries continue to influence substantive criminal law, evidentiary practices, and access to justice. Drawing upon feminist legal theory, constitutional jurisprudence, and international human rights law, the study argues that India’s legal framework remains deeply entrenched in gender-specific assumptions despite progressive constitutional mandates. In contrast, the United Kingdom has moved toward a consent- based and largely gender-neutral legal regime, particularly under the Sexual Offences Act 2003. Through an examination of statutory provisions, judicial interpretations, and international obligations under instruments such as CEDAW and the ICCPR, this paper advocates for a reconceptualisation of sexual offences as violations of bodily autonomy and human dignity.
The paper concludes by proposing comprehensive doctrinal and legislative reforms aimed at dismantling gender binaries in Indian law while ensuring that gender-sensitive protections for women are not diluted. It emphasises the need for a nuanced framework that balances formal neutrality with substantive equality.
Keywords: Sexual offences, gender neutrality, consent, feminist jurisprudence, comparative criminal law, India, United Kingdom.
