Towards Gender-Neutral Criminal Justice In India: Constitutional, Legislative, And Judicial Perspectives
- IJLLR Journal
- 48 minutes ago
- 2 min read
Harnoor Grewal, Army Institute of Law, Mohali
ABSTRACT
Gender neutrality in criminal law is essential to fulfil the constitutional guarantees of equality, dignity, and equal protection of the law. However, India’s criminal justice framework has historically been shaped by patriarchal and binary assumptions that portray men as perpetrators and women as victims, while largely excluding transgender, non-binary, and male survivors from adequate legal recognition and remedies. This article critically examines the development and limitations of gender neutrality in Indian criminal law, with particular reference to sexual offences, domestic violence, workplace harassment, and offences against transgender persons.
The article analyses the constitutional foundations of gender-neutral legislation under Articles 14, 15, and 21 of the Constitution, as well as the relevance of India’s international Human Rights obligations. It traces judicial and legislative developments through decisions such as Smt. Sudesh Jhaku v. K.C.J., Sakshi v. Union of India, NALSA v. Union of India, Navtej Singh Johar v. Union of India, and Joseph Shine v. Union of India. It further examines the recommendations of the Law Commission of India’s 172nd Report, the Justice J.S. Verma Committee Report, the Criminal Law (Amendment) Bill, 2019, and the gendered structure of the Bharatiya Nyaya Sanhita, 2023.
Through a comparative analysis of the legal frameworks of the United States, the United Kingdom, Canada, and the Philippines, the article identifies models for expanding the scope of sexual-offence laws beyond gender- specific victim and perpetrator categories. It also highlights the continuing disparities under provisions relating to rape, domestic violence, workplace harassment, and sexual abuse of transgender persons, including the inadequate punishment prescribed under the Transgender Persons (Protection of Rights) Act, 2019.
The article concludes by recommending comprehensive gender-neutral redrafting of sexual offences, uniform punishment standards, express recognition of transgender and non-binary persons, clearer definitions of consent and sexual assault, periodic review of gender-specific laws, and institutional sensitisation of the police, judiciary, and society. It contends that protecting women and advancing gender neutrality are not competing objectives; rather, an inclusive criminal law can strengthen protection for all survivors while ensuring that accountability is determined by the nature of the offence and not by the gender identity of the victim or perpetrator.
Keywords:Gender neutrality; Indian criminal law; Bharatiya Nyaya Sanhita, 2023; sexual offences; transgender rights; constitutional equality; Article 14; Article 21; gender justice.
