Towards Gender-Neutral Laws: Addressing Biases In The Indian Legal Framework
- IJLLR Journal
- Jan 9
- 2 min read
Mohammad Afzaal Rashid, B.A Politics and Governance, Centre for Federal Studies, Public Policies and Governance, Jamia Hamdard, New Delhi
ABSTRACT
This research article shows the evolving discourse surrounding gender- specific laws in India, focusing on their implications, misuse, and the need for reform. Indian laws, such as Section 498A of the Indian Penal Code (IPC) and the Domestic Violence Act, have been lauded for providing protections to women against domestic abuse and violence. However, the study observes the growing concerns over the misuse of these laws, particularly through case studies highlighting false allegations, such as in the Sejalben Tejasbhai Chovatiya vs. State of Gujarat case, and the Arnesh Kumar vs. State of Bihar case. These instances underscore the need to critically evaluate the effectiveness of these laws, as they disproportionately affect one gender, with little protection for men facing false accusations.
Through statistical analysis, including findings from surveys and court cases, the research shows that while the intention of these laws is to protect vulnerable individuals, their current gender-biased framework often leads to injustice, resulting in harm to men as well as women. The report suggests the urgent necessity for gender-neutral laws that would ensure equal treatment for all individuals, regardless of gender, and curb the growing misuse of existing laws.
The article advocates for legal reforms that include stricter scrutiny of complaints, penalties for filing false cases, and promoting gender-neutrality in the legal framework. Additionally, it calls for societal change through awareness campaigns and education to dismantle ingrained stereotypes that view men always as a perpetrator. By implementing such reforms, India could create a more inclusive, fair, and just legal system, ensuring that the rights and dignity of all genders are protected and upheld.
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