Special Laws Vs General Laws: Constitutional Validity Of Gender – Specific Provisions In Criminal Justice
- IJLLR Journal
- Nov 13, 2025
- 1 min read
Suraj Hanumant Bhalerao, LL.M., Savitribai Phule Pune University
ABSTRACT
The criminal justice system in India is an amalgamation of general laws applicable to all citizens and special laws crafted to address the vulnerabilities of specific groups, particularly women. Gender-specific provisions such as Sections 498A, 354, and 376 of the Indian Penal Code (IPC), along with special legislations like the Protection of Women from Domestic Violence Act, 2005, reflect a legislative intent to safeguard women from systemic abuse.
However, these laws have increasingly come under scrutiny for allegedly contravening the constitutional principles of equality and non-discrimination under Articles 14 and 15. This paper critically examines the constitutional validity of gender-specific provisions in criminal law by juxtaposing them with the doctrine of reasonable classification and the need for substantive equality. While the Indian Constitution permits positive discrimination in favour of women, there exists a fine line between protection and over- criminalization. Through judicial precedents and comparative legal analysis, the paper highlights how gender-neutral approaches are being debated in courts and academic forums alike. It further explores whether certain provisions, though well-intentioned, may be misused or perceived as biased, thereby impacting the rights of the accused and undermining the foundational principles of justice. The study concludes by advocating for a balanced and evidence-based reform in gender-specific criminal laws that aligns with constitutional values, respects the rights of all individuals, and ensures that justice is neither gender-blind nor gender-biased
Keywords: Gender-specific laws, Constitutional validity, Criminal justice system, Article 14, Article 15, Equality before law
