THE NEED FOR GENDER NEUTRAL LAWS IN INDIA

Author: Shahrukh Iraqi, Bihar Institute of Law

ABSTRACT

It is often said that we live in a male dominated or patriarchal society. However, when it comes to law in India, do we really have laws in favour of men?
When we talk about gender equality, it does not mean equality for women only, it means gender equality for all which includes men. We often hear cases of violence against women, be it sexual harassment, domestic violence, dowry cases, etc. However, crimes against men are often not even reported or discussed in India.
The tears of women are visible to the society and parliamentarians, but when it comes to the tears of men, the society becomes blind. Women have statutory protection in all kinds of domestic violence, cruelty, harassment, however if a man is going through such crimes against him, then no specific law is made or any statutory provision is provided to protect him. is done. Women file false cases for vengeance and it is extremely easy for them to use social media and destroy their reputation. A woman can legally exploit a man if her complaint is prima facie found to be true and genuine, which is generally held to be equal. Many words in the provisions protecting women do not specify what they actually mean so it covers everything related to that word.
This article examines the urgent need for gender-neutral laws in India, delving into historical contexts, constitutional mandates, legal provisions, and landmark judicial pronouncements. Furthermore, the article highlights hidden realities, such as the victimization of men and LGBTQ+ individuals, and addresses common misconceptions regarding the misuse of gender-neutral laws. The conclusion offers practical suggestions, promoting changes to current laws and developing a legal inclusion culture that is consistent with the country’s democratic and egalitarian values.

INTRODUCTION

Gender equality is a cornerstone of any democratic society, and India is no exception. The Constitution of India, under Articles 14, 15, and 21, guarantees equality and protection of rights irrespective of gender. These provisions establish the foundation for a legal system that upholds justice and fairness. However, despite these progressive principles, India’s legal system remains tethered to gender-specific laws that fail to address the needs of all individuals.
Gender-specific laws, such as those addressing sexual violence, domestic abuse, and workplace harassment, often perpetuate stereotypes and marginalize men, transgender persons, and non-binary individuals. While such laws were designed to protect vulnerable groups, they inadvertently create gaps in justice by excluding other equally deserving victims. This exclusion is evident in several domains, including criminal law, family law, and labor law, where the focus on binary gender roles undermines the experiences of marginalized communities.
The necessity of India’s legal shift to gender-neutrality is examined in this article. The historical background of gendered legislation is examined first, and then current legal issues are assessed. The conversation ends with practical suggestions for promoting a more inclusive legal system, further incorporating lessons from international practices and judicial interventions. By addressing misconceptions and hidden realities, this article seeks to contribute to the ongoing discourse on legal reforms, emphasizing the importance of equality and inclusivity in achieving justice for all.

HISTORICAL CONTEXT
Indian laws have historically been shaped by patriarchal norms and colonial legacies. For instance, the Indian Penal Code (IPC) of 1860 reflects Victorian-era moralities, evident in provisions like Section 375 (rape) and Section 497 (adultery), which were distinctly gendered.
Section 375, IPC: This section defines rape in a manner that thinks only women may be victims and only males can be offenders, so excluding male and transgender survivors. The wording perpetuates a binary concept of gender, rejecting the lived experiences of non-binary individuals.
Section 497, IPC: By considering women as property in adultery proceedings, this section reinforced gender biases until it was decriminalized in Joseph Shine v. Union of India (2018). The judgment acknowledged the outdated patriarchal underpinnings of the provision, setting a precedent for reevaluating other gendered laws.
Although laws such as the Protection of Women from Domestic Violence Act, 2005 (PWDVA) are designed to protect women from abuse, they do not include males or other genders who may experience similar forms of violence. Such gender-specific laws highlight the pressing need for inclusivity and a shift towards addressing the vulnerabilities of all individuals.

CONTEMPORARY LEGAL CHALLENGES
Sexual Violence and Gender-Specific Definitions
The definition of sexual violence under Indian laws often excludes men and transgender persons:
The Justice Verma Committee Report (2013) suggested gender-neutralizing rape laws in recognition of the fact that transgender and male victims of sexual assault can also be identified. However, these recommendations remain largely unimplemented, leaving significant gaps in legal protection.
Cases like Suresh Kumar Koushal v. Naz Foundation (2013) showed the judiciary’s early resistance to recognizing LGBTQ+ issues, but later decisions, like as Navtej Singh Johar v. Union of India (2018), decriminalized Section 377, and opening the door for broader inclusion.
Domestic Violence
Although the PWDVA offers strong safeguards for women but fails to recognize same-sex couples or male victims. The insufficiency of gender-specific regulations is highlighted by surveys and anecdotal data that indicate that a significant number of men and LGBTQ+ people experience domestic abuse. Without legal recourse, these individuals face societal stigma and lack institutional support.
Workplace Harassment
Only women are protected by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, ignoring male and transgender employees who could also experience harassment. This exclusion highlights the need for inclusive workplace policies that protect employees irrespective of gender or sexual orientation.

Legal Provisions and the Call for Reform
Constitutional Mandates
India 2019s Constitution provides a robust foundation for gender-neutral laws. Key provisions include:
Article 14: Ensures equal protection under the law and equality before it. By eliminating prejudices in the legislative and judicial processes, gender-neutral legislation immediately complies with this obligation.
Article 15: Prohibits discrimination on the basis of caste, sex, religion, race, or birthplace. This clause is frequently broken by gender-specific legislation that denies legal protection to groups.
Article 21: Protects individual freedom, including the right to dignity, and the right to life. Certain genders’ dignity and personal freedom are compromised when they are excluded from protective laws.
A shift toward gender-neutral legislation is essential to uphold these constitutional guarantees and foster an egalitarian society.


Judicial Interventions
The Indian judiciary has played a pivotal role in addressing gender biases in laws. Landmark judgments include:
Anuj Garg v. Hotel Association of India (2007): The Supreme Court emphasized that laws must not reinforce stereotypical roles, advocating for progressive reforms that recognize individual autonomy and dignity.
Navtej Singh Johar v. Union of India (2018): This landmark judgment decriminalized homosexuality, acknowledging the rights of LGBTQ+ individuals and setting a precedent for inclusive legal reforms.
Joseph Shine v. Union of India (2018): The Supreme Court struck down Section 497 of the IPC, highlighting the need to dismantle patriarchal norms embedded in laws.
These judgments reflect the judiciary\u2019s evolving stance on inclusivity, though much remains to be done to translate these principles into comprehensive legislative reforms.

Global Practices
Several countries have adopted gender-neutral laws, serving as models for India:
United Kingdom: The Sexual Offences Act, 2003, employs gender-neutral language, recognizing all individuals as potential victims or perpetrators. The law’s inclusive approach ensures comprehensive protection.
United States: Many states have gender-neutral domestic violence statutes, reflecting a broader understanding of abuse dynamics.
Canada: Criminal laws, including those addressing sexual assault, are gender-neutral, emphasizing equality in legal protections.

Recent Developments in India
India has witnessed a growing dialogue around gender neutrality in laws:
Transgender Persons (Protection of Rights) Act, 2019: While a step forward, its implementation has been criticized for inadequacies and lack of awareness. Activists argue that the act falls short in addressing systemic discrimination.
Public Advocacy: Activist groups and NGOs have been vocal about the need for reforms in areas like sexual violence, domestic abuse, and workplace harassment, pushing for legislative change.
Judicial Observations: Courts increasingly acknowledge the rights of men and LGBTQ+ individuals, as seen in recent high court rulings on domestic violence against men.

Hidden Facts and Misconceptions
1. Prevalence of Male and LGBTQ+ Victimization
Reports and surveys often underreport male and LGBTQ+ victims due to stigma and societal biases, perpetuating the myth that only women face abuse.
2. Fear of Misuse
Critics argue that gender-neutral laws may be misused. However, studies indicate that misuse rates for any law, whether gender-specific or neutral, are minimal and should not hinder justice reforms.
3. Cultural Resistance
Traditional norms perpetuate the notion that men cannot be victims, obstructing the transition to a gender-neutral legal system. Education and awareness campaigns are essential to challenge these stereotypes.

Recommendations
Amend Existing Laws: Incorporate gender-neutral language in laws addressing sexual violence, domestic abuse, and workplace harassment.
Awareness Campaigns: Educate the public about the prevalence of violence and discrimination against all genders.
Judicial Sensitization: Train judges and legal practitioners to adopt an inclusive approach.
Legislative Action: Form committees to draft and propose gender-neutral legislation.
Support Mechanisms: Establish support systems and shelters for all victims, regardless of gender.
Research and Data Collection: Conduct comprehensive studies on the prevalence of violence against all genders to inform policy making.


Conclusion

The need for gender-neutral laws in India is not merely a legal requirement but a moral imperative. Such laws uphold the constitutional values of equality and justice, addressing the realities of modern society. Adopting an inclusive legal framework will ensure that India progresses toward a fairer and more equitable future. Recommendations such as amending existing laws, increasing public awareness, and establishing robust support mechanisms are critical steps toward achieving this goal. By embracing gender-neutral laws, India can set a global example in fostering equality and inclusivity in its legal system.

FAQS

1. What is gender-neutral laws?
Gender-neutral laws are statutes designed to provide equal rights and protections to individuals, irrespective of their gender. They aim to eliminate biases inherent in gender-specific legislation.

2. Why does India need gender-neutral laws?
India needs gender-neutral laws to address the rights and vulnerabilities of all individuals, including men, transgender persons, and non-binary individuals, ensuring justice and equality for all.

References

Indian Penal Code, 1860
Protection of Women from Domestic Violence Act, 2005
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
Justice Verma Committee Report, 2013
Joseph Shine v. Union of India, (2018) 2 SCC 189
Navtej Singh Johar v. Union of India, (2018) 10 SCC 1
Anuj Garg v. Hotel Association of India, (2007) 3 SCC 1
Transgender Persons (Protection of Rights) Act, 2019

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