Gender Neutrality with Special Reference to Indian Legal System

Abstract

Gender-based discrimination is a pervasive issue that affects individuals across all genders, including men and transgender individuals. Despite the prevalence of this issue, the Indian legal system has traditionally adopted a female-centric approach, leaving men and transgender individuals vulnerable to various forms of abuse and harassment. This research paper aims to critically examine the issue of gender neutrality within the Indian legal system, with a specific focus on the Criminal Law.
The Indian Penal Code (IPC) and its amendments in 2013 and 2018 have predominantly focused on women as victims, while overlooking the possibility of men and transgender individuals being subjected to similar offenses. This biased approach is evident in various provisions of the IPC, including those related to dowry death, rape, cruelty against women, sexual harassment, voyeurism, stalking, assault or use of criminal force with intent to disrobe, and gang rape. Moreover, the issue of marital rape of men has been completely neglected in the Indian legal framework, despite being a ground reality in today's society. The research highlights the prevalence of false cases being registered against husbands and their families, as well as the widespread occurrence of sexual mistreatment of men, not only in workplaces but also within the confines of familial settings. Additionally, the Evidence Act perpetuates discrimination by establishing a conclusive presumption regarding the legitimacy of a child, further exacerbating the grievances faced by men.
The one-sided approach adopted by the Indian legal system and the failure to acknowledge crimes against men and transgender individuals have significant implications. It not only creates distress and anguish within society but also contributes to an overall increase in crime rates. The primary goal of criminal law, which is to provide equal protection to all members of society, can only be achieved if men and women are viewed as equally valuable members with similar rights to protections under the law. The research emphasizes the need to address the mistreatment of men and transgender individuals, thereby eliminating inequality and ensuring gender neutrality within the Indian legal system. By recognizing the rights and protections afforded to all genders, the Indian legal framework can align itself with the constitutional guarantee of equality for all citizens.