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Research Paper Volume 4 Issue 3 1928 - 1934 May 24, 2021

Gender Biased Rape Laws in India

Lead author · Corresponding
Kanchan Jodha
LLM Student at Manipal University Jaipur, India
Abstract

Despite certain reforms over the last few decades, India's rape laws are still oppressive and perpetuate discriminatory gender roles. At a time when several nations around the globe are progressing towards gender-neutral rape laws that recognise someone of either gender as a possible victim, survivor, or suspect, India maintains a statute focused on the concept of male vaginal penetration. This is a toxic assumption that can deprive a segment of society of justice, citizenship, the right to life, and freedom. The notion that males are the only offenders of such a horrible offence stems from the traditional belief that men are biologically better than women, and that sexual harassment is the exercise of dominance by men over women. The patriarchal belief that men are too strong and powerful to be victims stems from the same patriarchal belief that men are too strong and wealthy to be victims. Section 375 of the Indian Penal Code unfairly categorises only women as claimants, thereby providing them with defence, thus utterly disregarding the other sexes in our community. Despite the fact that societal disapproval towards non-consensual sexual acts is on the increase, the law reinforces unfair, regressive gendered assumptions regarding male and female sexuality, which are troublesome for virtually all.

Keywords victim women
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 1928 - 1934
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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