From Protection to Parity: The Urgent Need for Gender-Neutral Laws
Keywords:
Gender Bias, Judicial Interpretation, Gender Neutral Laws, Equality Before Law, Bharatiya Nyaya Sanhita 2023Abstract
Gender-neutral laws are designed to ensure equal rights and opportunities for individuals of all genders, free from discrimination. Vulnerable women have been oppressed and exploited since the medieval era in Indian history, which is why laws have granted them special protection. Women are now on par with men in terms of education, employment, and status thanks to the dedicated efforts of legislators; however, in the post-globalisation era, the idea of feminism has been utterly misunderstood. The paper acknowledges the harsh fact that women continue to face violence and cruelty, but it also points out that nearly all transgender people and some men are also targets of cruelty.
This essay focuses on the disparities that exist between the provisions protected by our Constitution and the various gender-specific criminal laws in India, particularly those pertaining to sexual offences and cruelty. This essay emphasises that changing gender-biased criminal laws is crucial because advancing women's status does not imply disregarding victims from other communities.
The paper asserts the need for gender neutral laws through credible research and analysis of various legislations and judicial verdicts, along with books and research articles.