Towards Gender-Inclusive Criminal Justice System In India: A Critical Analysis Of The Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- Jun 7
- 2 min read
Anand Shankar, Research Scholar, ALS, Amity University, Gurgaon
Dr. Atul Jain, Associate Professor, ALS, Amity University, Gurgaon
ABSTRACT
The Bharatiya Nyaya Sanhita, 2023, is a major change in the framework of Indian criminal justice system as it was introduced as a replacement to the Indian Penal Code, 1860. Despite the aim of modernising and transform the old criminal law, the issue of gender neutrality is still under-addressed in a number of substantive provisions. This study critically examines the extent of accommodation of the principles of equality and broader criminal justice framework in the Bharatiya Nyaya Sanhita, 2023 with specific reference to men and transgender persons. The study examine constitutional guarantees under Articles 14, 15 and 21 of the Constitution of India and evaluates the compatibility of the continuity of gender specific offences under new legislation with the modern notions of equality and justice. The paper also discusses provisions on sexual crimes, domestic violence, cruelty and crimes related to dowry, and also highlights the current status and exclusion of male and transgender victims from many legal provisions. Although Judgement which transform the perspective of transgender such as NALSA v. Union of India and Navtej Singh Johar v. Union of India have emphasised constitutional morality, dignity and inclusiveness. After all these judgments, many provisions under the Bharatiya Nyaya Sanhita still reflect a binary understanding of gender. This article, through doctrinal and analytical methods, explores recent discussions on the misuse of gender-specific laws, false implication, and the legal invisibility of transgender victims in criminal proceedings. The report concludes that real reform must include the use of gender-neutral language, that all victim categories must be recognised and that safeguards must be built in to prevent abuse, while maintaining real protections for vulnerable groups. The study ultimately express for a wider criminal jurisprudence that is able to respond to changing social realities in India.
Keywords: Gender Neutrality, Bharatiya Nyaya Sanhita, 2023, Criminal Jurisprudence Transgender Rights, Constitutional Equality, Criminal Justice Reform.
