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The Road From Gender Biasness To Gender Neutrality: Suggestive Indian Penal Code Changes




Hrishita Rath, SOA National Institute of Law, Bhubaneshwar, Odisha

Somsubhra Chowdhury, SOA National Institute of Law, Bhubaneshwar, Odisha


ABSTRACT


Many societies, including India, have faced long-standing issues like gender biases. Over the history of evolution, women and other gender minorities have faced discrimination, violence, and harassment due to patriarchal biases. However, over recent years legislators have been making efforts to promote gender neutrality and equality, including proposed changes in the Indian Penal Code. There has been criticism that IPC is gender biased but laws are being amended and changes are being made to protect the rights of both men and women. One proposed change is to modify the definition of rape under IPC to include all genders as victims and perpetrators. This alteration to the law would recognize that sexual violence can occur against anyone, regardless of gender. Another suggestion is to introduce a separate offense for marital rape as until now it is not recognized as a criminal offense in India. However, other proposed changes include the criminalization of female genital mutilation, the inclusion of transgender individuals under the umbrella of the hate crime law, and the introduction of strict punishments for acid attacks. The proposition of such changes to the IPC is a step towards promoting gender neutrality and equality in India. However, these are small steps towards a broader movement to promote gender inclusivity and eliminate gender biases in Indian society.


Keywords: gender bias, gender neutrality, equality, feminism, sexual violence, discrimination

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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