Sex Laws and Constitutional Rights in India: A Quintessential Paradox Concerning Gender Neutrality

The Constitution of India guarantees certain rights as innate and inalienable that include the Right to Equality (Art. 14-18). However, the sex laws in the Country are prejudiced, lacking gender-neutral language. For example, Section 375 of the Indian Penal Code 1860 defines ‘Rape’ as an act, as if, committed only by men and only against women. Such disproportionate articulations in the sexual offence related provisions, principally ignores the possibility of men and transgender being a victim and precludes the possibility of women being in the place of an offender. This paper in its introduction, explores the concept of gender neutrality and reviews various instances of gender bias and inequality present in the Indian legal system particularly relating to sexual offences. Due to lack of statistics in India on the subject of sexual offences against men and transgender, this paper presents a comparison based review of similar laws in few other Countries. Referring to a few cases filed in the Supreme Court and High Courts in India, this paper provides the views of the respective Judges and the Central Government on matters concerning gender neutrality in the sex laws. Exploring further, this paper details around the voids, perceptions and contemporary inclinations towards gender neutrality in the country. The paper concludes with a suggestion to reassess the sex laws in India through categorization of variable degrees of offences and clearing the existing gender bias to ensure equal justice.