GENDER NEUTRALITY IN SEXUAL OFFENCES LAW IN INDIA: A CRITICAL ANALYSIS

AUTHOR – DAMINI* & PROF. (DR.) SIMRANJEET KAUR GILL**

* RESEARCH SCHOLAR, CT UNIVERSITY, LUDHIANA, PUNJAB.

** PRINCIPAL, SCHOOL OF LAW, CT UNIVERSITY, LUDHIANA, PUNJAB.

BEST CITATION -DAMINI & PROF. (DR.) SIMRANJEET KAUR GILL, GENDER NEUTRALITY IN SEXUAL OFFENCES LAW IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 936-944, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Sexual offences laws in India have traditionally been gender-specific, recognizing women as victims and men as perpetrators. However, evolving social structures, international legal standards, and constitutional mandates emphasize the need for a gender-neutral approach. This thesis critically examines the Bharatiya Nyaya Sanhita (BNS), 2023, particularly Sections 63 (Rape), 75 (Sexual Harassment), and 82 (Unnatural Sex), in light of their gendered application. It also explores judicial interpretations, constitutional provisions, and international human rights frameworks such as CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) and the Yogyakarta Principles. A comparative analysis of legal frameworks in the UK, USA, and Canada provides insights into best practices that India could adopt. The study argues for an inclusive legal structure that ensures justice for all victims of sexual crimes, irrespective of gender, while addressing concerns regarding misuse and evidentiary challenges. The research is based on legal analysis, case studies, and empirical data, advocating for balanced legislative reforms that align with India’s constitutional values and international obligations.

Keywords: Bharatiya Nyaya Sanhita,  constitutional rights, Gender neutrality, international law, legal reforms, sexual offences.