Abstract

The recent changes to the Indian criminal justice framework mark a considerable shift from its colonial past. The three new Acts that have replaced the Indian Penal Code, Indian Evidence Act, and the Criminal Procedure Code are an attempt to modernise the legal system, which, prima facie, appear progressive, such as the criminalising of sexual intercourse with a minor wife as rape. However, the Bharatiya Nyaya Sanhita (BNS), which has replaced the IPC, raises major concerns for men and the transgender community in India. The entirety of Section 377 of the IPC has been omitted in the new Act, which leaves these communities with no legal recourse in case of sexual assault or rape. The transgender community is one of the most vulnerable communities in society as it is, and without the protection of the law, they may be prone to acts of deplorable violence. This paper will shed some light on social hierarchies and patriarchal norms that influence the way both individuals and the law view sexual offenses. Further, it discusses the impact of such a move on the aforementioned communities, and calls for gender-neutral rape laws and analyses The legal gap that exists herein violates the fundamental right to equality guaranteed by the Indian Constitution under Article 14, which is explored in detail.

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