The Dilemma Of Gender Neutrality: The Criminal Law Triad
- IJLLR Journal
- Dec 31, 2024
- 1 min read
Adyasha Syam, National Law University Delhi
ABSTRACT
On July 1, 2024, the Government of India implemented the three new criminal laws: the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam. This triad replaced the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.
This essay evaluates the extent to which the three criminal codes have fulfilled their stated objective. After providing in brief the background of India’s criminal law reforms, the author presents a wide-ranging interpretation of gender neutrality, as adopted by this research. The paper utilizes this definition to evaluate the text of the three criminal codes, starting with the Bharatiya Nyaya Sanhita’s chapter, ‘Offences Against Woman and Child,’ before analysing procedural provisions regarding these offences, included in the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam.
The paper then addresses the objections put forward by the Union Government to gender neutrality in criminal law, including potential misuse and scale of amendments required. By suggesting the execution of institutional reforms to prevent the misuse of existing laws, the paper proposes a step-by-step modification of criminal laws to reflect gender neutrality. Finally, the paper uses the doctrine of fair labelling to propose a novel approach towards gender inclusivity and equality in criminal law while accommodating the gender differentials prevalent in society.
