Reconstructing Gender in Indian Rape Laws

Despite minor advances over the past few decades, India's rape laws remain regressive and reinforce patriarchal gender norms. India continues to adhere to a law that is based on the idea of vaginal penetration by a man at a time when many nations across the world are moving toward gender-neutral rape laws to observe a person of any gender as a potential victim/survivor or perpetrator. This is a harmful stereotype that could rob a segment of society of justice, liberty, and rights. Utilizing auxiliary examination of hypothetical texts this research paper aims to explore the current gender disparity in existing Indian rape laws and the need to situate gender more appropriately in them, by pointing out defects in existing legal provisions and policies which are divided into five halves. This research will also put forward some theories which may be employed to enhance gender neutrality and minimize gender biases.