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Reimagining Justice: A Critical Analysis Of The Need For Gender-Neutral Laws In India




Anishka Pandey, University of Lucknow


ABSTRACT


This critical analysis examines the imperative need for gender-neutral laws in India, highlighting the inherent biases and inadequacies of the existing legal framework. Employing a mixed-methodology approach, combining both empirical and analytical research, this study investigates the limitations of the Indian Penal Code1, anti-dowry laws2, the POSH Act3, and the Protection of Women from Domestic Violence Act4. A survey conducted through Google Forms, analyzing responses from over [25] participants, supplements the critical analysis. Case studies of Sweden and Canada provide comparative insights into the implementation of gender-neutral laws. This research argues that inclusive language and definitions are essential for promoting justice and equality. The findings underscore the urgency for gender-neutral laws in India, emphasizing the need to address the inadequate representation of marginalized groups, lack of protection for victims of gender-based violence, and the overall biasness of the Indian legal system. Ultimately, this study contends that re-imagining justice in India necessitates a paradigm shift towards gender-neutral laws, ensuring equal rights and protection for all individuals, regardless of their gender identity or expression.


Keywords: Gender-Neutral Laws, Indian Legal Framework, Critical Analysis, Justice, Equality, Inclusive Legislation



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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Licensing: 

 

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.

 

Disclaimer:

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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