Abstract

India’s rape laws, as defined under Section 375 of the Indian Penal Code (IPC) and now replaced by Section 63 of the Bharatiya Nyaya Sanhita (BNS), continue to operate within a binary gender framework, recognising only women as victims and men as perpetrators. This gender-specific approach to sexual violence has been widely criticised for excluding male and transgender individuals from the ambit of legal protection . Despite evolving understandings of gender and sexuality, the law fails to address the reality that individuals across the gender spectrum can be victims of sexual assault . International human rights instruments, such as the Universal Declaration of Human Rights (UDHR) and the Yogyakarta Principles, emphasise the right to equality, non-discrimination, and dignity irrespective of gender identity—principles enshrined in Articles 14, 15, and 21 of the Indian Constitution. Jurisdictions like Canada, the United Kingdom, and New Zealand have adopted gender-neutral definitions of rape, shifting focus from the gender of the victim to the nature of the act and the absence of consent. In India, however, proposed reforms such as those in the 172nd Law Commission Report and private member bills have not yet translated into legislative change . This paper argues that gender-neutral rape laws are not only a legal necessity but also a constitutional and moral imperative to ensure equal access to justice for all survivors of sexual violence.

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