Abstract

The Rights of the Transgender have always been ignored and not addressed properly. This community is treated like an invisible for a long time. The existing rape laws in India aim to safeguard the rights of women only and not the men or the transgender. Indian Constitution embodies the principle of the Rule of Law which states that everyone shall be treated equally irrespective of any other factors such as gender, caste creed, race, etc. The Indian Constitution by incorporating the Golden Triangle in Article 14,19 and 21 of the constitution states that there shall be Equality, Freedom of Speech, and the Right of Life and Liberty. So that implies that the sections like 375 (Rape) and 354 (Outraging the Modesty of the Woman) of the IPC which only provide protection to the woman, should be made Gender Neutral for the Transgender. The Article aims to focus on the need for enactment of the rape laws for the transgender. It addresses the issue that why gender-neutral rape laws should be enacted in India.

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