R.K.Jayalakshmi, Symbiosis Law School, Pune
The Indian legal System, with its colonial legacies and societal complexities, is undergoing a quest for inclusivity that clashes with the rigid binary framework of criminal laws. At the forefront of this change lies the growing discussions and debates on gender-neutral criminal laws. Moving beyond the traditional binary of “male” and “female,” these laws aim to create a legal framework that acknowledges and protects the diverse spectrum of gender identities and expressions. Gender neutrality in rape laws seeks to increase the ambit of the victims of rape and sexual assault. It aims to recognize and normalize rape and sexual assault of male and other genders and to provide equal protection of laws irrespective of their gender.
The Law Commission of India in its 172nd report has recommended changes for widening the scope of the offense in Section 375 of IPC1 and to make the rape laws gender-neutral. It is argued that the principles of equality before the law and equal protection of the law enshrined as fundamental rights in the Indian Constitution must be applied to this situation as well. Prima facie, it can be said that only a gender-neutral rape law would result in equal protection of all identities.2 The Justice Verma Committee recommended to expand the scope of criminal law to include sexual assault on men, homosexual, transgender, or transsexual rape. The Committee was of the view that rape and sexual assault are not merely crimes of passion but an expression of power.3
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