Mimansa Mittal, Jindal Global Law School, O.P. Jindal Global University, Sonipat
Suraj Mittal, Jindal Global Law School, O.P. Jindal Global University, Sonipat
ABSTRACT
This article critically examines the disparities existing between the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) concerning gender inclusivity, shedding light on the prevailing societal perceptions towards gender fluidity. The research meticulously dissects the challenges and constraints in acknowledging and navigating the intricate spectrum of gender identities. Despite the anticipation for the Bharatiya Nyaya Sanhita to embrace and reflect gender fluidity in its legal framework, both the IPC and the BNS display inadequacies in effectively accommodating the diverse range of gender identities present in society. It is imperative to swiftly implement a more flexible and adaptive legal structure that can adequately address the complexities of gender inclusivity in the contemporary landscape. This empirical research is strategically designed to offer guidance to policymakers in formulating a holistic and all-encompassing strategy towards understanding and embracing gender fluidity within the legal framework.
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