Gender Neutral Laws: A step towards Equality

Introduction

The Preamble of the Indian Constitution embodies the principle of equality. This foundational principle establishes our nation’s commitment to eliminating discrimination and providing equal rights to individuals. Similarly, the U.S. Constitution, right from its first article, upholds equality and the promise of equal protection under the law. The U.S. Supreme Court prominently displays the phrase “Equal Justice Under Law” on its building, reinforcing the importance of equality in the legal system. These elements demonstrate that both the world’s oldest democracy (USA) and the world’s largest democracy (India) have placed equality on a high pedestal. However, despite this constitutional vision, many legal provisions in Indian law remain gender-specific, favouring one gender while overlooking the rights and vulnerabilities of others. Thus, India needs gender-neutral laws that ensure equal legal protection and obligations of all, including men, women, and members of the LGBTQIA+ community.

Globally, countries like Sweden, Australia, and Canada have already implemented gender- neutral laws. For example, Sweden has introduced a gender-neutral parental leave policy, allowing both parents to share childcare responsibilities equally. Similarly, Canada’s criminal law has adopted gender-inclusive terminology, replacing gender-specific nouns with “person” to ensure that everyone is both protected by and held accountable under the law. These examples highlight how gender-neutral laws contribute to a more equitable society by eliminating bias and ensuring equal treatment for all individuals, regardless of gender.[1]

State of Gender-Neutral Laws in India

India’s legal system traditionally been gendered, but incremental steps have introduced gender-neutral provisions in certain areas. The POCSO Act, 2012, was a major step towards the realization that children of both sexes can be sexual abuse victims. The Transgender Persons (Protection of Rights) Act, 2019, and the NALSA judgment[2] extended legal rights and recognition to transgender individuals. The 2018 Navtej Singh Johar case[3] legalized homosexuality and enhanced LGBTQ+ rights. While protection in the workplace under POSH Act of 2013 has been interpreted more broadly, rape and domestic violence laws are still discriminatory based on gender[4]. While recommendations have been made by legal commissions, India is yet to switch to completely gender-neutral criminal law, indicating that legislative reforms remain a priority.

Need for Complete Gender Neutrality in Laws in India

1. 1. Gaps in Legal Protection for Men and LGBTQIA+ Individuals – In India, there are several laws enacted for upliftment of women which ensure their protection and empowerment but due to gender- specific nature of these laws they tend to overlook the vulnerabilities of men and LGBTQIA+ individuals. While these laws were created to address historical injustice, they now require reforms to align with ideas of equality and fairness.
      For instance, The Offence of Rape is covered under 63 of Bhartiya Nyaya Sanhita (BNS), The language of the statute assumes that only a man can commit rape, and women can be a victim. This outdated perspective comes from a colonial mindset which viewed gender in rigid and binary manner, completely ignoring the existence of other genders. As a result of this many cases of sexual violence or rape against transgender and male individuals that goes unreported.

A survey conducted in Bangalore Karnataka concluded that transgender individuals faced incidents of sexual violence including rape[5] highlighting their vulnerability and lack of legal protection available to them.

Globally, nations including the UK, USA, and Canada, have already enacted gender-neutral rape laws. In India, the need for such laws has been recognized by the 172nd Law Commission Report and the Justice J.S. Verma Committee.[6] Given these recommendations, and the removal of section 377 after implantation of BNS which resulted in removal of the only provision under which rape of men and transgender could have been registered and evolving understanding of gender and justice, it is high time that India implements gender-neutral rape laws to ensure equal protection for all individuals.

Another significant legislation that very urgently require gender-neutrality amendments is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Meant to protect women against domestic violence, the limited interest of the Act in a single gender overlooks the growing facts that men as well are going through domestic violence in marriage. A study in the rural areas of Haryana, for instance, found that 51.5% of husbands were physically or psychologically abused by their wives[7]. But the PWDVA’s unbreakable model turns a blind eye to male victims, depriving them of the law and embedding a system which does not trust them.

Globally, nations such as the UK and Australia have extended domestic violence laws to encompass all, irrespective of gender, since they realize abuse is not discriminatory[8]. True progress is law that seeks out people, not men and women. In India in the case Koppisetti Subbharao v. State of A.P.( 2009)[9] Supreme Court of India observed that “ men too can be victims of domestic violence, stating that society is evolving, and laws should reflect ultramodern realities”. This case highlights the necessity of feting men and individualities from other genders as implicit victims, strengthening the call for gender-neutral domestic violence laws.

Gender-neutral PWDVA, Rape law and other such reforms would not eliminate women’s protections but deliver justice to pursue the silenced voices—men afraid of being stigmatized, queer partners struggling with abuse, or non-binary victims stuck in cycles of violence. Equality is not a limited commodity; it’s a right all citizens are entitled to.

1. Rampant Misue of Gender- Specific Law – Another important reason that we need gender-neutral legislations is widespread abuse of such laws as rape (Section 63 of BNS), cruelty (Section 86 of BNS), etc. by women. The fact of the above was always held and reiterated by the Supreme Court. For instance, in Arnesh Kumar v. State of Bihar[10], the Court referred to Section 498A of the IPC (now replaced by Section 86 of BNS) as a “weapon used by aggrieved wives.” The facts also corroborate these fears. Section 498A cases have a conviction rate of just 15%, the lowest of all legal categories[11]. It is not just 498A cases that invoke this abuse. According to DGP Umesh Mishra of Jaipur, 45% of rape cases filed in Rajasthan were false[12]. Mass abuse of legal provisions has dire consequences, overwhelming an already overworked judiciary with frivolous cases while destroying the lives of innocent individuals. False accusations can lead to severe damage to reputation, loss of livelihood, social boycotting, and in extreme cases, even suicides.

Moreover, exploitation of such legislations renders a paradox that actual victims will be hurt in seeking justice because they are not believed owing to the possibility of occurrence of false cases. This defames the image of the legal system and weakens the actual war against such offenses as rape and domestic violence. The principle of justice is based on equity, and as rightly stated by William Blackstone, “It is better that 100 guilty persons escape than that one innocent person should suffer.”[13]  But the misuse of gender-biased laws is contrary to this very principle and leads to unjust suffering.

To effectively address this issue, gender-neutral laws must be passed. By not allowing laws to default based on one gender being the victim or the offender, we can create a more balanced justice system where the evidence determines the verdict of the cases and not assumptions. A gender-neutral policy would also leave space for harsh punishment of abusers of the law, discouraging frivolous cases while ensuring that real victims get their rights.

To conclude Gender-neutral laws are needed to bridge the loopholes left by gender-based legislations and preventing their exploitation. With our evolving knowledge of gender and shifting social structures, adopting gender-neutral laws is not only a necessity but a natural progression in our legislative journey. Equality can be real only when legal protection and duties are given equally to all individuals, regardless of gender.

Challenges in Achieving Gender Neutrality In Laws

There are several challenges in achieving gender neutral laws in India some of them are

1. Societal and Cultural Opposition– The deeply rooted patriarchal tradition and gender-binary mindset in India view gender-neutral legislation to erode protections reserved for women. The majority believe that special protections for women are essential to make up for systemic oppression, that neutrality would weaken such an endeavour. Critics tend to equate gender neutrality with the erasure of women’s struggles, predicated on the fallacy that inclusivity dilutes existing protections.[14]

To address this issue, country-wide campaigns of awareness will have to convey that gender neutrality does not substitute—instead, supports—women’s rights. Reforms in education, including the inclusion of gender sensitization in school curricula, can enable the mainstreaming of various gender identities. Exposure to international case studies, such as Sweden’s gender-neutral legislation on rape (2018), which bolstered justice mechanisms without compromising women’s security, can dispel myths. Media campaigns focusing on intersectional stories—such as male victims of domestic violence or trans people who are discriminated against—can close the gap between tradition and liberal norms of law.

1. Political and Legislative Indecision – Governments do not enact gender-neutral reforms for fear of backlash from powerful women’s organizations and conservative movements. Gender politicization, as observed in debate on the Women’s Reservation Bill, widens this caution. Parliamentarian reluctance is based on differences over balancing inclusion and upholding women’s hard-won legal rights.

To address this issue vote bank politics is needed to be discouraged and people should be educated about advantages of gender neutral laws as stated before and different pilot projects could be run at a smaller scale to show the effectiveness of the laws remove legislative and political hesitation

1. Unavailability of Data on Male and LGBTQIA+ Victims -Institutional statistics on violence against men and LGBTQIA+ members is virtually non- existent, mainly because of systemic omission from legal systems that do not acknowledge their victimization. This lack creates a social myth that men and gender-diverse groups do not experience rape, sexual harassment, or domestic violence. [15]

To counter this issue the data regarding challenges faced by all the genders should be collected at a institutional level to give us clear picture of the scale of problem at hand To conclude It is a challenging task to achieve gender-neutral legislation in India, as it involves surmounting deeply rooted societal, political, and institutional obstacles. The resistance based on patriarchal culture and gender-binary thinking needs to be countered by extensive  campaigns of awareness and educational reforms that are inclusive without compromising the rights of women. Political and legislative foot-dragging, usually under the influence of vote bank politics and ideological rifts, may be overcome through pilot projects exemplifying the effectiveness of gender-free laws. Besides, the non-availability of institutional data relating to male and LGBTQIA+ victims reinforces stereotypes regarding their victimization, underscore the need for systematic data-gathering. A movement towards gender neutrality in law does not imply diluting women’s protection but, rather, ensuring justice to everyone regardless of gender. An equitable, informed, and data- based approach will help in filling the gap between tradition and progress so that India can make its legal system more inclusive.

Conclusion

Gender-neutral laws are not just a legal change but a social imperative to provide justice to everyone, irrespective of gender. Although India has made efforts towards inclusivity, there are still huge gaps in the protection of men, LGBTQIA+ persons, and other marginalized groups. The continuance of gender-based laws not only results in legal discrimination but also facilitates abuse, diluting the credibility of the justice system. Reaching gender neutrality in law involves transcending cultural prejudices, political procrastination, and lack of data, but these are challenges that can be overcome. By pushing forward with progressive legal changes, awareness generation, and data-informed policymaking, India can construct a legal framework that secures the real essence of equality ingrained in its Constitution. An equitable society doesn’t favour one gender against the other—it protects and is concerned for all individuals, be it of any identity, and seeks to treat them fairly according to the law.

 

 

References

[1] Rinki Yadav, ‘A Case Study on Gender Neutral Laws and Constitution’ (2023) 4 ShodhKosh: Journal of Visual and Performing Arts 1797 https://doi.org/10.29121/shodhkosh.v4.i2.2023.2965 accessed 16 April 2025

[2] National Legal Services Authority v. Union of India, (2014) 5 SCC 438.

[3] Navtej Singh Johar v Union of India (2018) 10 SCC 1

[4] Dr Vivek Kumar Gupta, ‘Men’s Rights Movement: Advocating for Equality and Justice for Gender Neutral Laws’ (2024) 4 International Journal of Criminal, Common and Statutory Law 181

[5] Mukherjee MP, Sharma P, Sharma R, and Mondal S, ‘Mental Health Status and Its Contributing Factors Among Hijra (Transgender) Community of Bangalore: A Cross-Sectional Study’ (2019) 44 Indian Journal of Community Medicine 335 https://pmc.ncbi.nlm.nih.gov/articles/PMC6837158/ accessed 16 March 2025f

[6] Justice Verma Committee, Report of the Committee on Amendments to Criminal Law (2013) Government of India https://www.india.gov.in/sites/default/files/31.pdf accessed 16 April 2025

[7] Nadda A & Malik JS, ‘A Cross-Sectional Study of Gender-Based Violence Against Men in the Rural Area of Haryana, India’ (2019) 44 Indian Journal of Community Medicine 35 https://doi.org/10.4103/ijcm.IJCM_222_18 accessed 16 April 2025

[8] Australian Human Rights Commission, Consolidation of Commonwealth Discrimination Law: Domestic and Family Violence https://humanrights.gov.au/our-work/legal/consolidation-commonwealth-discrimination-law-domestic-and-family-violence accessed 17 March 2025

[9] Koppisetti Subbharao v State of A.P., Crim App No 867 of 2009

[10] Arnesh Kumar v State of Bihar & Anr., Crim App No 1277 of 2014

[11] National Crime Records Bureau, Crime in India 2012 (2013) Ministry of Home Affairs, Government of India https://ncrb.gov.in/sites/default/files/National-Crime-Record-Bureau-Report-NCRB-2012.pdf accessed 17 April 2025

[12] 45% Rape Cases Registered Last Year in Rajasthan False: DGP Umesh Mishra’ Times of India (17 January 2023) https://timesofindia.indiatimes.com/city/jaipur/45-rape-cases-registered-last-year-in-rajasthan-false-dgp-umesh-mishra/articleshow/97050153.cms accessed 17 April 2025

[13] William Blackstone, Commentaries on the Laws of England (1765) 358

[14] URIS Centre, ‘Towards Equality: Challenges and Progress in Gender Neutrality Legislation in India’ (2024) https://juriscentre.com/2024/08/30/towards-equality-challenges-and-progress-in-gender-neutrality-legislation-in-india/ accessed 17 March 2025

[15] Suraj Pal, Praveen Pathak, Margubur Rahaman, and Niharika Tripathi, ‘Men at Risk: Correlates of Verbal, Physical and Sexual Violence Against Men Who Have Sex with Men Across Selected Cities in India’ (2024) 24 BMC Public Health https://doi.org/10.1186/s12889-024-20493-x