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Author’s Name – Riya Singh
Fifth semester ( LLb integrated)
MVD law college, Lucknow
Contact number – 9696429583
Email
- riyasingh96964295@gmail.com
Title – gender neutral laws : not mere notion but a necessity for globalized world
Abstract
Equality of all genders has been one of the most prominent emerging topics of the era . But does
equality only extends to giving equal opportunities to boys and girls or expressing the same in
books and social media ? The answer would most definitely be NO. For any major change in
society the first thing that actually needs to change are the laws regarding the same . Hence when
we talk about gender equality, the first thing that we need to change are our old age penal laws
which still don’t even consider females as sexual predators or males to be a victim of the same.
It's not just the offence of rape but also several other like voyeurism, eve teasing , pornography,
outraging pg modesty , trafficking etc. All these offences comes under separate chapter which is
named as offences against women in our Indian penal code but as it has been widely evident that
these crimes are no longer gender specific, it’s high time that we amend our laws to adapt with
the turning era.
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Introduction
Even though Article 15 of our Indian constitution prohibits any discrimination on the basis of
gender or sex , the Indian penal code defies the same for making gender partial laws for almost
all the sexual crimes . The Indian penal code presumes male to be perpetrator and females to be
the victim.
Acknowledging that the majority of these crimes are actually committed against women, there
are still a vast number of cases with male victims and they find themselves at disadvantage while
seeking justice. Hence it's high time fir essential amendments in our old-age and outdated penal
laws which has severely failed us in the before- mentioned front.
Statement of Problem
It is a sad reality that in India most population recognizes the term gender equality as a synonym
to feminism instead of thinking of all the genders who are facing some or the other kind of
disparity at different fronts.
In the entirety of the Indian penal code the only section that criminalizes any sexual offences
against men or trans genders is section 377 of sodomy but even in this section penetration has
been made a necessary constitute and does not provide any justice in cases of various other ways
men and trans genders could possibly be violated sexually
In workplaces it is not only females who are being blackmailed or forced into doing sexual
favors in lieu of continuing their jobs , with the advancement of feminism in society there are
many females at high official positions who could also possibly have same capability of being
sexual predators as men hence it is very concerning aspect that the laws for protection from
sexual harassment at workplace only exists for females and not males.
“All human beings are potential rape victims. Spouses are raped . Male and female children are
raped. Physically handicapped person are raped. Anesthetized patients are raped. Mothers,
fathers, brothers , sisters are raped. Adolescents rape one another as well as older person and
children. Male and female prisoners rape each other. During wars, soldiers have been known to
rape entire communities. Males rape females as well as males. Many rapists are gender and age
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blind. Females rape other females and males. No person is immune from the human potential to
rape or be raped “ ---- Mc Mullen
The above quote by Mc Mullen critically emphasizes that the ability of being a sexual predator
or victim is neither gender nor age based hence the laws regarding the same should also break
these barriers and become neutral in nature.
Need for gender neutral laws
1. When laws will be gender neutral , all victims will receive equal legal protection and
recognition under law regardless of their gender or sexual orientation. This will help
break gender stereotypes.
2. This will help in filling up the loopholes which advantage the sexual predators.
3. As we know that trans genders have gained the right to their identity in very recent years
and hence their position in society is still very vulnerable which makes them a very easy
target to carnal predators which is why their protection could solely be solidified only
through gender neutral laws.
Why laws have been gender specific since ancient times
1. Men are inherently stronger
It is a very common notion that men are physically stronger and hence it is impossible
for them to be taken advantage of. But it is not necessary that there is always a
singular predator moreover there are many females who can easily overpower an
average man or it is also not necessary that the victim is in ability to defend himself
he might be intoxicated or worse , drugged hence this notion is highly inappropriate.
2. Women had no representation rights in ancient period
As we know that women had much weaker social standing in comparison to that
of men in ancient period. They did not had any right in taking upon my powerful
positions or taking important decisions and men considered them as a property
which was required to be protected and considered themselves to be totally
capable to defend themselves hence these laws were highly gender partial.
3.The notion that men must enjoy sexual activities
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This assumption comes from the very fact that men can never be victims of rape
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as they are aroused by any sexual act, thus, implying the consent on their behalf
,
However, this is to say that this sort of arousal in the male body can not only .
.
be caused to the fact that they wanted to be a willing participant. But studies have .
shown that arousal can also be caused by the fact that it could be due to fear, .
. .
humiliation, and anxiety which could lead to such erections.
Understanding the concept of equality
Equality is a very complex idea of human rights and their places in society. Everyone’s physique,
Intelligence, and psychological characteristics are different from one another, as much as
Everyone is different. Although people can be equal in some aspects but not in all, so demanding
Equality in every aspect is catastrophic. The only equality that a state could and should provide
Is equality of opportunity. The Supreme Court held that gender equality includes the right to
Work with dignity and protection from sexual offences, which is a recognized basic human right.
The Supreme Court noted that there was a global acceptance by International Conventions of
The common minimum requirements of this right. The Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW) requires all States who are parties thereto To
take appropriate measures to eliminate discrimination against women in the field of Employment
in order to ensure, on a basis of equality of men and women, the same rights, in Particular, The
right to work as an inalienable right of all human the Supreme Court held that “gender equality”
includes protection from sexual harassment and the right to work with Dignity, which is a
universally recognized basic human right.
Advantages of promoting gender neutral laws
Equal protection: All people, regardless of gender, are guaranteed equal protection under the law
by gender-neutral laws. The law acknowledges their experiences and offers channels for justice
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https://theamikusqriae.com/need-of-gender-neutral-laws-inindia/#:~:text=Equal%20protection%3A%20All%20people%2C%20regardless,of%20crimes%20based%20on%20gen
der.
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and support by acknowledging that males and gender minorities can also become victims of
crimes based on gender.
Overcoming stereotypes: The social prejudice that males are inherently violent and women are
always vulnerable is challenged by gender-neutral regulations. The legal system can address
specific behaviors and circumstances rather than assuming guilt or victimhood based on gender
by moving away from gendered classifications and penalties.
Inclusivity and Intersectionality: Gender-neutral laws recognize that gender intersects with other
identities such as caste, religion, class, and sexual orientation. By considering these intersections,
the law can provide a more holistic understanding of individuals’ experiences and address
multiple forms of discrimination and marginalization.
Preventing misuse: Concerns about the possible abuse of gender-specific legislation can also be
addressed with the help of gender-neutral laws. By adopting a gender-neutral strategy, the focus
is shifted from presumptions based on gender to evidence-based examination, making the law
less vulnerable to abuse for personal vendettas or false allegations.
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faucets of penal code where gender neutral laws are necessary
1.Eve Teasing (Sec 509)
2.Chain snatching (Sec 378)
3.Rape (Sec 376,376A,376B,376C,376D)
4.Sexual Harassment (Sec 354A)
5.Domestic Violence (Sec 498A)
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https://www.indianbarassociation.org/crimes-against-women-a-legal-perspective/
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6.Honor Killing
7.Cyber Crimes (Bullying, Abuse, Violence, Pornography)
8.Dowry deaths
9.Acid Attacks (Sec 326A,326B)
10.Stalking (Sec 354D)
11.Assault to outrage modesty (Sec 354,354B)
12.Women trafficking (Sec 370,370A,372,373)
Stories of oppressed male victims
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“My uncle was giving me a bath when I was 7 years old, and that’s when it first happened. He
forced me to give him a blow job and proceeded to have anal sex with me, multiple times. At that
point, I didn’t know what was happening to me, whether it was ok, whether it was normal. I got
so used to it, I would enter his house and lie down on the bed, just wanting it to get over as soon
as possible. At 12, I began to get gang-raped by his friends, and I would bleed but keep
quite…because what if I wasn’t considered ‘man enough’ to not bear pain? My childhood went
by having two worlds where I would not remember the rape until something triggered it off and
then I would cry endlessly. I would not enter a male washroom because I was scared that I would
be raped again…I grew up having no self esteem.
It was when I was 17 or 18 that I began to understand that what had been happening to me for so
many years was wrong–so one day when he came to jump on me, I kicked him and said no. For
the first time in 11 years, I said no to being raped. When I told my mother, she was in shock–she
asked me why I hadn’t told her. I told her I had given her signs, that I had tried but she never
picked up on it. She said, ‘I never knew such things could happen with boys’ and that was the
time I realized that boys and men are the forgotten gender. We get abused, but we have no right
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https://timesofindia.indiatimes.com/blogs/everything-social/this-story-of-a-male-rape-victim-will-shock-you/
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to voice it because we’re supposed to be the protectors. The victims of ‘masculinity’ are men
themselves. I have been bullied for many years for my sexual orientation as well, but when I told
my story the same classmates who laughed at me became my biggest strength and helped me to
cope with my childhood. A part of me believed that I’m gay because of the abuse I went through
and it devastated me, but I know now that that isn’t true.
We tried to get some legal help but we realised that there’s no law against child sexual abuse for
boys in the country. By the time I was 18, no laws applied to my case — so there was no justice.
That’s when I decided that I would make the motto of my life to protect other children from
sexual abuse.
So I’ve been through 11 years of hell but I don’t think the world is a bad place. I thank my
bullies, because they got me here — where I have the opportunity to touch other’s lives. I believe
that hate only destroys the hater, not the hated — so I don’t think I hate my uncle. To me, he
doesn’t exist. Infact If I could, I would send a therapist to help him. I’m not going to spend the
rest of my life waiting for him to suffer– I can never get those 11 years back, but I do have a
lifetime ahead of me to protect the rights of children, women or the LGBT community and that’s
the path I’ve proudly chosen.”
The single story above is enough to give chills to anyone but it’s not the end there are various
stories of several male victims who are still silent about their sufferings and the only way they
are telling the world there stories are through anonymous websites where they can only express
their sufferings but there is no scope for justice.
According to a survey by Isha Dariwala conducted amongst 1500 men it was found out that 71
percent of them were abused at some or the other point in their lives and 84 percent of them were
abused by women these numbers are very alarming but justice for them is actually non existent
unless gender neutral laws comes into place.
Conclusion
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Gender neutral laws implies that the laws must give equal protection to any person who comes to
seek it regardless of their gender. This kind of law will be very effective in promotion gender
equality in society and remove societal expectations and stereotypes. This will also promote the
most important right of human rights that is equality. Legislature is the pillar in any society
hence the changes that we want to bring in our society must begin from legislations. But as we
know that ever coin has two sides these law s will also come with various drawback in form of
false accusations , cases etc. This happened when women centric laws were brought in place as
well but rather than fearing this side we must focus on providing justice to the suffering victims
and do an impartial investigation before pursuing these kinds of sensitive cases.