Gender Neutrality and Laws in India: Critical Analysis

  • Kaushal Sharma and Ankita Sharma
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  • Kaushal Sharma

    Advocate in India

  • Ankita Sharma

    Advocate in India

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Abstract

India's legislative approach towards gender-neutral laws has been slow and inconsistent, despite recommendations made by various committees and commissions. The 172nd Law Commission Report, the Criminal Laws (Amendment) Bill, 2012, and the Justice Verma Committee Report all proposed gender-neutral laws, but their implementation has been limited. The Criminal Law (Amendment) Ordinance, 2013 was a significant step towards gender-neutral laws, but it was repealed by the Criminal Law (Amendment) Act, 2013 which reinstated gender-specific laws. Gender-neutral laws are essential for the protection of all individuals, regardless of their gender. The need for such laws arises from the fact that existing laws are often biased towards one gender or the other. For instance, laws related to rape and sexual assaults in India are gender-specific and protect only women. This leaves men and transgender individuals vulnerable to sexual violence without any legal recourse. The implementation of gender-neutral laws is crucial for ensuring equal protection under the law for all individuals. The legislature needs to take action towards enacting such laws to address the gaps in existing laws and ensure that all individuals are protected. Furthermore, the implementation of gender-neutral laws will also contribute to changing societal attitudes towards gender roles and stereotypes. In conclusion, while there have been recommendations for gender-neutral laws in India, their implementation has been limited. The need for such laws is crucial for ensuring equal protection under the law for all individuals. It is important for the legislature to take action towards enacting gender-neutral laws to address the gaps in existing laws and ensure that all individuals are protected.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2666 - 2683

DOI: https://doij.org/10.10000/IJLMH.115679

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