Title: Collaborative Solutions: Cross Disciplinary Approaches to Achieve Global Sustainability Goals
Editors: Dr. Gautam Agrawal, and Dr. Swati Singh
ISBN: 978-81-69857-19-2
Chapter: 6
DOI: https://doi.org/10.59646/765/6
Authors: Ms. Yukti Yadav, Gauri Sharma, Anwesha Murali, Taranpreet Kaur, Aakriti Verma, Riya Agarwal, Oindreela Majumdar, Zinnia Malik and Vidhi Gupta
Abstract
This research paper examines the need to revisit Indian criminal law through the lens of gender neutrality, with particular focus on how existing legal provisions often reflect a gender-specific approach that may inadvertently exclude or marginalize certain victims and accused persons. While Indian criminal jurisprudence has made significant strides in recognizing and addressing gender-based violence, many provisions especially those relating to sexual offences – remain predominantly framed around a binary understanding of gender. The study critically analyses statutory framework i.e., Bhartiya Nyaya Sanhita, 2023, alongside judicial interpretations, to evaluate whether current laws adequately respond to evolving societal realities. It further explores the implications of gender-specific provisions on principles of equality, fairness and justice enshrined in the Constitution of India. The research identifies key gaps, including the limited recognition of male and LGBTQ+ community victims and concerns regarding misuse and imbalance in certain provisions. This research paper intends to highlight the urgent need to shift towards gender neutral approach than gender specific approach.
Keywords: Gender-based, Gender-Neural, Rape, Sexual Offences, LGBTQ+