Abstract

Gender inequality is a power gap in India among males and females. Without any doubt, on the notion that women are the most vulnerable group of society, on account of that, Indian legislation made various laws which played a pivotal role to make the country shielded for women from all heinous crimes against them. After that, we have rape laws which are wholly gender specified and considers only a woman as a victim and man as a perpetrator. Indian Penal Code definition clearly elucidates the gender biasness of Indian rape laws, which totally bents on the side of women. But after all of that, few women misuse these laws by taking the ascendancy of being a woman. The situation is grave and deserves root analysis of the circumstances that causes difficulty or hesitation from men's side. This research paper critically analyzed the jurisprudence in India with respect to sexual violence and condemned the egregious provisions of rape which specified only female as a victim, and those who avoid the instances of sexual assault on the body of male or a transgender person, where the perpetrator is female or any other transgender. And at the end it shades light on the need, to adopt the human rights-based approach by making rape laws gender neutral and give special recognition to the rights of transgenders.

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