1. Introduction

Being a multicultural country, India is pursuing equality and social justice. The legal system is still mostly gender-specific even with advancements in tackling gender-based concerns. Since they treat everyone equally regardless of their sex and do not discriminate based on gender, gender-neutral laws are essential.

The Indian judicial system works under the assumption that men commit acts of sexual assault against women. More knowledge, however, indicates that establishing authority based on class, faith, religion, or other social origins may also be the driving force behind sexual harassment or rape, in addition to sexual impulses. This implies that sexual harassment and sexual assault are not just focused on a person's gender and can happen to both men and women in a culture. As a result, both genders may experience sexual harassment or rape in any manner.

2. Gender-Neutral Laws in India

2.1 Meaning of Gender-Neutrality

To understand what gender-neutrality means we must go through the meaning of what the term gender means. The term gender has been defined in the common sense as either male or female. However, this definition, fails to consider the aspects of transgenders or communities which do not identify themselves as a part of merely a single gender.[1]

Keeping in mind the above meaning of gender, gender-neutrality refers to the idea of avoiding the separation of roles based on people's gender. This may be used to guarantee that people are not excluded or subjected to discrimination based on their gender in a variety of ways, including language, policies, practices, and attitudes. The intention is to give equal opportunity and treatment for all people, regardless of gender identification, and to promote conditions that eliminate traditional gender norms. This strategy is particularly important for advancing inclusion, equity, and diversity.

When we think of genders, we think of the male and female. However, we ignore the communities of intersex and the transgender community, which includes people who identify as hijras. Because they categorize one segment of society while ignoring the other, the existing laws are just discriminatory practises.

2.2 Need of Gender-Neutral Laws in India

Criminal law is one of the areas where gender-neutral legislation is clearly needed. For example, regulations against sexual assault tend to target female victims more than male victims. Both men and women can become victims of sexual assault, and those who commit these crimes should be held accountable regardless of the victim's gender, according to a really fair judicial system.

In an interview given by a male assault victim, he had stated the harsh reality of the 21st century and the discrimination the homosexuals have to face in this era even after the verdict of the Supreme Court to not consider homosexuality as a crime. In this horrifying turn of events, the victim states that he was sexually assaulted and raped by six men who were allegedly drunk. They had also verbally abused the victim for being a homosexual and had taken turns in filming the entire scenario of rape. The confused victim could not even go to the police or seek medical help as he did not know how they would react to the fact that he was gay [2]. The fact that there are now no penalties for instances involving male victims of rape and sexual assault highlights a gap in our system.

• Laws that are gender-neutral are essential for advancing workplace equity. Even if they are created with the best of intentions, many labour rules and policies frequently overlook the unique difficulties that people who identify as members of multiple gender identities experience. Gender-neutral legislation can contribute to the abolition of gender-based discrimination and the development of a more welcoming workplace.
• Gender-specific family rules have long existed in India, frequently favouring one gender over the other. A move towards gender-neutral family laws would ensure equal rights for both spouses. The focus should be on drafting legislation that upholds equality and justice in situations like child custody, divorce, and marriage.

2.3 Gender-Biased Laws in India

Some gender-biased laws are mentioned below:

(i) Section 375 (Rape)

Reading the definition of rape provides a clear indication as to who is the victim and who can be the perpetrator. A man is said to commit rape who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six descriptions [3]. The issue with rape laws is that: [4]

1. The fact that even a mans consent is required for sexual intercourse has been deliberately overlooked. This comes in the wake of various stereotypes attached to both genders such as the man is in a position of power over the woman and only a woman can be a victim, and that the men tend to enjoy sexual activities and women are never interested in sex.
2. Section 375 is a victim as well as a perpetrator-specific provision as it does not take into consideration the possibility of the following scenarios-
1. A man being raped by a women
2. A man being raped by a man
3. Rape of third gender

(ii) Section 354 [5]

Sections 354A, 354B, 354C, and 354D provide penalties for "a man" who engages in sexual harassment, which include voyeurism and stalking. Section 354C defines voyeurism as the unintentional observation of an individual, usually at private moments. This rule states that only men are capable of outraging a woman's modesty through stalking. Men's and transgender people's modesty is not protected by any legislation. It is entirely outside the boundaries of the act itself when a woman engages in voyeurism or stalking and hurts a man, woman, or member of a third gender. There isn't a single study that says women can't commit these kinds of crimes.

(iii) The Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act was enacted in 2005 which guarantees protection to women against violence of all forms taking place within the matrimonial house or the family and for any other matter connected or incidental to it [6]. The study revealed that men have experienced violence from their wives or intimate partners at least once in their lifetime, with 10.5 percent reporting such incidents within the last 12 months [7]. In a nation like India, where there has historically been a strong male dominance structure, it can be difficult for people to acknowledge that males are equally susceptible to domestic abuse as women are. There are currently no laws in India that protect males from violence committed against them in intimate relationships.

3. Conclusion

It is not only morally but legally necessary for India to have laws that are gender-neutral. India's legal development towards gender-neutral laws is indicative of its dedication to justice, equality, and the protection of individual rights. While the road to gender-neutral legislation may be difficult, it is an essential step in creating a legal framework that represents the ideals of an India that is contemporary and varied.

4. Citations

[1] Shivani Nair, " The Desideratum of Gender Neutral Laws in India" available at https://www.legalserviceindia.com/legal/article-1853-the-desideratum-of-gender-neutral-laws-in-india.html (last visited on January 19, 2024)

[2] Shivani Nair, "The Need of Gender Neutral Laws in India" available at https://blog.ipleaders.in/need-gender-neutral-laws/ (last visited on January 20, 2024)

[3] Indian Penal Code, s. 375

[4] Niti Tantra, "Need for Gender-Neutral Laws in India" available at https://nititantra.com/need-for-gender-neutral-reforms-in-india/ (last visited on January 20, 2024)

[5] Indian Penal Code, s. 354

[6] The Protection of Women from Domestic Violence Act, 2005

[7] Ummar Jamal, " The case for gender-neutral domestic violence legislation in India" available at https://theleaflet.in/the-case-for-gender-neutral-domestic-violence-legislation-in-india/ (last visited on January 20, 2024)