REDEFINING JUSTICE: AN EXAMINATION OF GENDER-NEUTRAL SEXUAL OFFENSE LAWS IN INDIA

AUTHOR – LAVISHA B DHELARIA & VINAYAK GANGSHETTY, STUDENTS AT CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – LAVISHA B DHELARIA & VINAYAK GANGSHETTY, REDEFINING JUSTICE: AN EXAMINATION OF GENDER-NEUTRAL SEXUAL OFFENSE LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 989-993, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Bhartiya Nyaya Sanhita (BNS), India’s criminal code, exhibits significant gender bias, particularly in its handling of rape laws. The BNS defines rape exclusively as a crime against women, excluding men and non-binary individuals from legal recognition and protection. This gender-specific definition neglects the reality of sexual violence faced by males and non-binary persons, resulting in a substantial gap in justice and support for these victims. Additionally, the BNS does not recognize marital rape as a crime, perpetuating the outdated notion of implied consent within marriage and leaving married women without adequate legal protection against spousal sexual violence. The legal framework also fails to address scenarios where women are perpetrators of sexual violence, inadequately protecting male victims from such acts. This oversight, compounded by societal stigma and the lack of legal recognition, leads to underreporting and non-prosecution of sexual violence cases perpetrated by women or transgender individuals. Furthermore, support systems available are primarily designed for female survivors, making them inadequate or inaccessible for others. A comparative analysis of international rape laws reveals more inclusive approaches in countries like the United Kingdom and Canada, where rape is defined in a gender-neutral manner, recognizing all individuals as potential victims. To rectify these biases, it is recommended that the BNS be amended to include a gender-neutral definition of rape, recognize marital rape, and develop legal provisions to address sexual violence committed by women.

Keywords: Gender Bias, Marital Rape, Male and Non-Binary Survivors, Legal Reforms, Rape