BREAKING THE SILENCE: THE NEED FOR GENDER-NEUTRAL SEXUAL ASSAULT LAWS IN INDIA

AUTHOR – PRAGNA B, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – PRAGNA B, BREAKING THE SILENCE: THE NEED FOR GENDER-NEUTRAL SEXUAL ASSAULT LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 989-993, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Sexual assault laws in India have historically been framed within a gender-specific context, predominantly recognizing women as victims and men as perpetrators. This binary approach not only simplifies the complex nature of sexual violence but also marginalizes male and transgender victims, leaving them without adequate legal protection. As societal norms evolve and the recognition of diverse gender identities becomes increasingly important, there is a pressing need to reform India’s sexual assault laws to adopt a gender-neutral framework. This paper will explore the limitations of the current legal framework, particularly focusing on the definitions and provisions outlined in the Bharatiya Nyaya Sanhita. It will analyze how the existing laws fail to encompass the experiences of all victims, thereby perpetuating harmful stereotypes and denying justice to a significant portion of the population. The discussion will highlight the implications of this exclusion, particularly for male and transgender individuals who often face societal stigma and disbelief when they come forward with their experiences of sexual violence. In addition to examining the Indian context, the paper will draw comparisons with global best practices in sexual assault legislation. It will highlight how countries such as the United Kingdom, Canada, and Australia have successfully implemented gender-neutral laws that recognize both male and female victims, providing a more comprehensive approach to addressing sexual violence. The paper will also address the resistance against gender-neutral laws within India, particularly from certain activist groups who fear that such reforms may dilute the protections currently afforded to women. It will critically assess these concerns, arguing that the push for gender-neutral sexual assault laws is not a challenge to women’s rights but rather a vital step toward achieving comprehensive justice for all survivors.

Keywords:Gender-neutral laws, sexual violence, legal reform, LGBTQ+ rights, Indian judiciary, male victims, transgender rights, societal norms, legal protections.