“GENDER NEUTRALITY IN RAPE LAWS: A CRITICAL ANALYSIS”
AUTHOR – SONI, POSTGRADUATE IN CRIMINAL LAWS FROM BPSMV, KHANPUR KALAN, SONEPAT, HARYANA
BEST CITATION – SONI, “GENDER NEUTRALITY IN RAPE LAWS: A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 475-479, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT:
Gender neutrality in criminal law refers to the inclusion and protection of individuals of all genders within the legal framework, without discrimination based on biological sex or gender identity. In India, rape laws continue to follow a gender-specific approach by recognising only women as victims and men as perpetrators. This legal position excludes adult male and transgender victims from the ambit of rape laws, leaving them without effective remedies. Despite constitutional guarantees of equality, dignity and personal liberty under Articles 14 and 21, the Indian criminal justice system has failed to incorporate gender-neutral provisions in rape laws. Even with the introduction of the Bharatiya Nyaya Sanhita, 2023, the legislature retained the traditional definition of rape. In contrast, several jurisdictions across the world have adopted gender-neutral sexual offence laws. This paper critically analyses the historical development, current legal position, judicial interpretations and the urgent need for reform in Indian rape laws, while suggesting concrete recommendations to make them inclusive and constitutionally compliant.
Keywords: Gender neutrality, rape laws, criminal justice, LGBTQIA+, constitutional rights