AN EXAMINATION OF GENDER BIAS IN INDIAN LAWS: THE NEED FOR REFORMS TO PROTECT MALE RIGHTS AND ENSURE GENDER NEUTRALITY
AUTHOR – AKASH BHARTI* & DR. AISHWARYA PANDEY**
* STUDENT AT AMITY UNIVERSITY, LUCKNOW CAMPUS
** ASSISTANT PROFESSOR OF AMITY UNIVERSITY, LUCKNOW CAMPUS
BEST CITATION – AKASH BHARTI & DR. AISHWARYA PANDEY, AN EXAMINATION OF GENDER BIAS IN INDIAN LAWS: THE NEED FOR REFORMS TO PROTECT MALE RIGHTS AND ENSURE GENDER NEUTRALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 556-564, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
This paper examines the gender biases embedded in Indian laws and argues for necessary reforms to protect the rights of males and uphold gender neutrality. It analyses recent legislative changes – including the new Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) – and identifies provisions that remain gender-specific. While acknowledging the historical context of laws designed to protect women, this study highlights how such laws inadvertently exclude or disadvantage men. Drawing on landmark cases (e.g., Navtej Singh Johar v. Union of India and Joseph Shine v. Union of India) and official reports, the paper compares Indian practices with gender-neutral reforms in the United States and the United Kingdom. Key challenges to reform – including societal stigma and legal inertia – are discussed. The paper concludes with policy recommendations to amend existing statutes (such as criminalizing marital rape and extending the Protection of Women from Domestic Violence Act to all victims) and to train law enforcement in gender-neutral application of laws. These measures are intended to advance a balanced, egalitarian legal framework in line with international trendspapers.ssrn.compapers.ssrn.com.
Keywords: Gender Biasness, Marital Rape, Constitution, Male Rights, Gender Equality.