Author: Mohini More, PES’s Modern Law College
Abstract
While the Indian Constitution promises equality before law, several criminal and personal laws continue to be gender-specific. These laws are primarily focused on protecting women, leaving little to no legal remedy for male or transgender victims. With the evolving understanding of gender and increasing instances of abuse reported by people of all genders, the question arises: Is Indian law evolving in a gender-neutral direction or still biased towards a specific gender? This article examines this question by analysing key statutes, judicial observations, and the need for inclusive legal reforms.
To the Point
Most laws relating to sexual offences and domestic violence in India are designed with the assumption that women are victims and men are offenders. However, growing awareness, recent cases, and social changes indicate that men and members of the LGBTQ+ community can also be victims of abuse, assault, and harassment. The Indian legal system has yet to catch up with this reality in its statutory framework, even though the judiciary has, in some cases, acknowledged the gap.
The Proof
1. Gender-Specific Provisions in Law
Section 375 of the Indian Penal Code (IPC) defines rape as an act committed by a man against a woman. This leaves no room for men or transgender persons as victims.
Section 354 IPC, relating to outraging the modesty of a woman, is also framed with the female victim in mind.
The Protection of Women from Domestic Violence Act, 2005, offers remedies only to women, excluding men and transgender persons who may face domestic abuse.
2. Lack of Legal Protection for LGBTQ+ Community
Although the Navtej Singh Johar v. Union of India judgment decriminalized same-sex relationships, the laws related to sexual assault remain binary. There is no proper legal provision addressing sexual offences against LGBTQ+ individuals. Transgender victims often face issues during legal proceedings, including misgendering and improper handling of complaints.
3. Increasing Reports of Male Victimisation
There are also instances where men have been victims of harassment, emotional abuse, or false allegations. However, due to the absence of gender-neutral laws, they are often left without any proper legal remedy. There is also social stigma attached to male victimhood, which prevents many from coming forward.
Use of Legal Jargon
Victimhood is recognized under the Code of Criminal Procedure, but the scope of recognition differs across statutes.
The presumption of innocence, a core principle under Article 21, is often challenged in cases like Section 498A IPC, where the burden sometimes shifts to the accused even before trial.
The term gender neutrality refers to laws that apply equally to individuals of all genders without assumption or bias.
Case Laws
1. Navtej Singh Johar v. Union of India (2018)
This judgment decriminalized consensual same-sex relationships. However, it did not lead to any amendments in sexual offence laws to include LGBTQ+ individuals.
2. Hitesh Verma v. State of Uttarakhand (2020)
The Supreme Court ruled that not every complaint involving a woman qualifies under the SC/ST Act, indicating that assumptions based on gender must not override evidence-based justice.
3. Koppisetti Subbharao v. State of A.P (2009)
The court observed that a male relative of a woman has no remedy under domestic violence laws, even if they are harassed.
4. Indra Sarma v. V.K.V. Sarma (2013)
Recognized live-in relationships under the DV Act but still excluded male partners as victims.
Conclusion
Gender-specific laws were introduced to address real concerns faced by women, especially in cases of violence, dowry, and assault. However, Indian society and its understanding of gender have evolved. It is important that laws reflect this change by ensuring equal protection and remedy for every citizen, regardless of gender identity.
Lawmakers must strike a balance between protection and fairness. Gender neutrality does not mean reducing the protections given to women but extending justice to all, especially those who currently fall outside the ambit of existing legal provisions.
FAQS
Q1: Are gender-neutral laws needed in India?
Yes. Victims of abuse, harassment, or assault can belong to any gender. Gender-neutral laws ensure equal protection under Article 14 of the Constitution.
Q2: Can a man file a domestic violence case?
No. As per the current Domestic Violence Act, only women can file a complaint. Men and transgender persons are excluded from its provisions.
Q3: Is Section 375 IPC gender-neutral?
No. It defines rape as an offence committed by a man against a woman, leaving out male and transgender victims.
Q4: Will gender-neutral laws affect women’s rights?
Not necessarily. If implemented properly, these laws can ensure equal access to justice for all while continuing to protect women from gender-based violence.
Q5: What changes are recommended?
Amend laws like Section 375 IPC and PWDVA to include all genders. Create awareness and sensitisation among police and judiciary. Provide support systems like helplines and counselling for male and LGBTQ+ victims.
