SHOULD GENDER NEUTRAL LAWS BE IMPLEMENTED BY: M. SRISHA & UME AYMAN
SHOULD GENDER NEUTRAL LAWS BE IMPLEMENTED
AUTHORED BY: M. SRISHA & UME AYMAN
ABSTRACT:
India is a secular country that has instilled liberty, democracy, and
secularism in its people. Equality is
among the most important topics on which India as a nation focuses. equality in regard to the law, everyone’s rights, and
obligations. There is no caste, gender, race, or creed discrimination. Gender neutrality refers to treating all
genders equally and impartially. The current
state of affairs is one of impartiality toward all genders; gender neutrality
is not predicated on men and women.
Treating the genders equally and impartially is the goal, not being gender sensitive or particular. In
this article we will be discussing about why it’s necessary to implement gender neutral laws and where drawbacks
arise, how should they be taken care of. But it should
be kept in mind that the gender
neutrality would not mean that the law would be ignorant to any
gender.
INTRODUCTION:
The Indian Criminal Code defines gender as "men and women," or
if a person is male or female. Gender
is a word that denotes men and women. According to this theory, men and women have distinct human bodies with
distinct mental and physical compositions that
set them apart from one another. The Indian Constitution, specifically Article
14, guarantees equal treatment and protection under the law to all Indian citizens, including men and
women. Religion, gender, caste, ethnicity, or place of birth are among the reasons on which the state thinks about
outlawing discrimination. Any task that needs
to be completed is divided or
assigned based on a person's gender; for example, cooking is thought to be a woman's job, and
working outside the home is thought to be a man's job. However, as society changes and things progress, people
adopt new ideas and perspectives, such as gender neutrality.
Gender Neutrality is something which talks about that anything should not
be considered or specified on the
basis of gender but on the capability of the human being to be done like a woman can also be a business's women, a women
can be a President of a country and
similarly a man can be a chef and can do other household a woman does. Gender
Neutrality talks about how we treat all the gender
in a neutral and unbiased
way. Gender neutrality is not
based upon men and women, but the status quo is being unbiased towards any gender. Being gender specific or sensitive
is not the intention but to treat the
genders in a neutral and equal way.
When everyone is afforded equal
opportunities, we say there is equality. It is not the way to
promote the welfare of society to be gender sensitive or specialized. Only
until everyone is given equal opportunities will the welfare
of the society be achieved. A crime is a wrong
that is committed against a person but has an impact on society as a whole because
of the accused person's actions.
Any criminal conduct
that is committed
against a person will result in justice for that particular criminal
act. The crime committed against any individual based on their gender is the main topic of this research
paper.
India is a secular nation that respects everyone equally, but it has
committed various crimes, particularly sexual offences, and
has not considered its neutrality when drafting laws. Instead, it has been more gender-sensitive or
gender-specific. Women's laws are different
from men's because
women are more likely to be the victims of sexual offences, while men cannot confront or fall victim to such crimes, but
in today’s world men are in equal
danger to be the victims of such offences where women were taken as the victim always.
Many discussions have been held regarding crimes against males, with the
fact that it is extremely challenging for a guy to provide
evidence of a sexual assault, rape, stalking, or domestic abuse. The inability of society's mental capacity to
see above such mental stereotypes or
extremes of gender to see beyond them makes it harder to prove crimes against
males. The study will concentrate on the rules that need to be changed to adopt a gender-neutral
perspective as opposed to a gender-specific one. Crime is a social phenomenon that can be committed against
any person or animal, and the victim must receive
justice from the community or legal system. The Criminal Procedure Code, 1973 defines a victim as any individual who
has suffered any loss or injury as a result of the act or omission for which the accused person has been charged.
The term "victim" also refers
to the victim's guardian or legal heirs, meaning that anyone can be a victim of
any injury; therefore, it is not
acceptable to prosecute someone for being gender specific or sensitive
in any way.
LITERATURE REVIEW
AUTHORED BY - APOORVA UPMANYU AND ANSHUL RANA SCHOOL OF LAW, THE NORTH CAP UNIVERSITY, GURUGRAM, HARYANA, INDIA. (2022)
In their research paper they have stated that, Indian law should be
changed to gender neutral. First, it
must be recognized that gender neutrality would not mean that the law would be ignorant to any gender or that the
difference would disappear, but rather that it would be more attentive to the requirements,
functioning, and behaviour of all genders across spectrums and paradigms.
Second, the claim that the gender neutrality of rape and sexual abuse
laws will allow males to abuse them
by filing counter complaints, preventing women from reporting sexual crimes to the authorities more than before, is
unfounded. The risk of legal misappropriation exists in every legislation, but this should not prevent the government
from putting it into effect. They ought
to advocate instead for a gradual approach to enacting gender-sensitive
policies that get us closer to the equitable society
envisioned in Article 14 of
the constitution.
AUTHOR
SHWETA KABRA B.A.LL.B (HONS.) NATIONAL LAW UNIVERSITY, DELHI,
The researcher has come to the conclusion that while sexual violence
against males and transgender must be addressed, it must not create a detrimental environment for female victims
for rape. We must strive
to create an equal society
and must move in the direction of achieving gender neutral laws. However, taking into
account the situation and treatment of women in India at present, it would not be wise to drastically change the
rape laws into gender neutral laws. We must adopt a step-by-step approach.
ASHMEEN AGGARWALARMY INSTITUTE OF LAW, MOHALI (2008)
This study looked at the need for gender-neutral legislation in India’s
criminal, family, and employment laws,
among other areas. It has drawn attention
to the persistent gender gaps, their effects
on society, and the flaws
of the current gender-specific laws. The study shows that rules that don’t favour one gender over another
are necessary to advance equality, dispel gender norms, and develop a more equitable
and inclusive society.
Gender-neutral laws would guarantee that everyone, regardless of gender,
would receive the same level of protection and punishment in cases of gender-based violence
and sexual offences. Gender-neutral legislation will help create
a more just legal system by getting
rid of prejudices in legal definitions and penalties.
Gender-neutral laws in family law would acknowledge the equal rights and
duties of both parties in marriage
and divorce. They would deal with matters like alimony and maintenance, child custody and guardianship,
inheritance, and succession while encouraging individual freedom, equitable resource
allocation, and the welfare
of the entire family.
Gender-neutral rules in the area of employment would deal with
gender-based discrimination in the
workplace, guarantee equal pay and opportunities, and encourage work-life
balance. Gender-neutral laws would promote
inclusive policies and a positive
work environment, which would advance
gender equality and increase organisational productivity.
DEEKSHA ARORA RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PATIALA, INDIA (2021)
Balance is the essence
of nature. Everything around us
is balanced. If, somehow, the balance
is disturbed it automatically find its way back. Historically, women
suffered for way too long and
eventually they regained their lost position as a result of their constant
battle against the patriarchy. In an
attempt to protect women the lawmakers overlooked at the fact that once again the situations must change and the
other genders might need the protection, hence, losing the balance
once again. That time now arrives. Today, not only women but the men and trans people are also unsafe. It is also
true that it is just the beginning of male exploitation and the plight of the transgender is not much attended. But the exploitation is exploitation. It is discriminatory to tune out the
happenings with other genders and focus only on one. This results
in gender injustice. Gender injustice, Gender stereotype, Gender prejudice and Gender specification, all these, lime lights
the peculiar fact that single-gender, i.e. women, is being parted more advantage and on the expenses of the others.
Undoubtedly, even today the
women in India are highly exposed to the risk but this reasoning is incompatible with the plain
fact that it is the duty of the law to
protect one and all.
RESEARCH PROBLEM
Article 14, guarantees equal treatment and protection under the law to
all Indian citizens, including men and women,
but there aren’t
enough gender-neutral laws when the world needs
it the most now.
METHODOLOGY
The sources was collected through
a review of existing literature, including academic journals,
books, government publications, and legal documents
related to Gender
neutral laws. Secondly,
qualitative insights were derived from interviews on gender neutral
laws should be implemented.
SCOPE AND LIMITATION
This research paper concentrates only on the gender-neutral laws to be framed or amended for men and women.
HYPOTHESIS
1. There is an urgent
need of addressing sexual violence against
males
2. Making the
law completely gender neutral would harm the interests of the female rape victims.
Therefore, a solution
would be to make the law
gender specific for the perpetrator and gender
inclusive for the victim.
RESEARCH OBJECTIVE
The aim of undertaking this study is to assess the need to reform the rape law in context
of India from
a gender specific to a gender
neutral law.
RESEARCH QUESTION
1. There will arise a lot of questions against the idea of framing gender
equal laws for both men and women.
What are the drawbacks and how can these
be overcome?
2. In today’s
world it is a necessity to bring in gender neutral laws, why is there
a need and what will happen
if brought into action?
3. How will gender neutral laws impact the offence of rape and what will be its consequence?
CHAPTER TWO
1.
There will arise a lot of questions against the idea of framing
gender equal laws for both men
and women. What are the drawbacks and how
can these be overcome?
There are indeed challenges and potential drawbacks
to framing gender
equal laws for both men and
women. Some of these drawbacks include:
Ø Resistance from Traditionalists: Traditional gender roles
and stereotypes may lead to resistance
against gender equal laws. Some people may believe that men and women have inherently different roles in society
and should be treated differently under the law.
Ø Misinterpretation of Equality: There might
be a misunderstanding of what gender equality means. Some may interpret it as advocating for identical treatment of men and women in all aspects, which may not always be practical
or desirable.
Ø Lack of Awareness and Education: In some
cases, there may be a lack of awareness or understanding about the importance of gender
equality and its benefits for society as a whole.
Ø Cultural and Social Norms: Cultural
and social norms can also present challenges to gender equality efforts. In some cultures, deeply ingrained
beliefs about gender roles may hinder progress
towards equal treatment
under the law.
To overcome
these drawbacks and challenges, several
strategies can be employed:
Ø Education and Awareness
Campaigns: Increasing awareness about the importance of gender equality
through education and public awareness
campaigns can help address misconceptions and resistance to gender equal laws.
Ø Engagement of Stakeholders: Engaging stakeholders from diverse backgrounds, including policymakers, community
leaders, and civil society organizations, can foster dialogue
and collaboration in the development and implementation of gender equal laws.
Ø Addressing Cultural and Social Norms: Efforts to
promote gender equality should take
into account cultural and social norms, recognizing the importance of
context-specific approaches and
sensitivity to diverse cultural
perspectives.
Ø Legal Reform and Enforcement:
Strengthening legal frameworks to ensure equal
rights and opportunities for men and women, along with effective
enforcement mechanisms, is essential for advancing gender equality.
Ø Promotion of Positive
Role Models: Highlighting positive role models
who challenge gender stereotypes and promote equality
can inspire others and shift societal attitudes towards gender equality.
Overall, overcoming the drawbacks of framing gender equal
laws requires a multi-faceted approach that addresses legal, social, cultural,
and educational factors
while promoting inclusivity and collaboration among stakeholders.
2.
In
today’s world it is a necessity to bring in gender neutral laws, why is there a
need and what will happen if
brought into action?
Bringing in gender-neutral laws is necessary in today's world for several
reasons:
Ø Promoting Equality: Gender-neutral laws ensure
that all individuals, regardless of their
gender identity, are treated equally under the law. This promotes fairness and justice in
society.
Ø Eliminating Discrimination: Gender-neutral laws help eliminate discrimination based on gender. By removing gender-specific
provisions or requirements, these laws ensure
that everyone has the same rights and opportunities, regardless of their gender.
Ø Reflecting Diversity: Gender-neutral
laws acknowledge and reflect the diversity of
gender identities and expressions. They recognize that gender is not
binary and that individuals may identify and express themselves in
ways that do not conform to traditional male or
female categories.
Ø Addressing Stereotypes: Gender-neutral
laws challenge harmful gender stereotypes and norms by recognizing that individuals should
not be restricted or limited
by societal expectations based on their gender.
Ø Supporting Inclusivity:
Gender-neutral laws create a more inclusive and supportive environment for all individuals, including
those who may not conform to traditional gender roles or
norms. This fosters a sense of belonging and acceptance in society.
If gender-neutral laws are brought into action, several positive outcomes can be expected:
Ø
Enhanced
Rights and Protections: Gender-neutral laws would ensure that everyone enjoys
the same rights
and protections under the law, regardless of their gender identity or expression.
Ø
Reduced
Discrimination: By eliminating gender-specific provisions or
requirements, gender-neutral laws
would help reduce discrimination and inequality based on gender, promoting a more just and equitable society.
Ø
Increased
Diversity and Inclusion: Gender-neutral laws would signal a commitment to recognizing and respecting the diversity of gender identities and expressions, fostering
a more inclusive and
accepting society for all individuals.
Ø
Positive
Social Change: The implementation of gender-neutral laws would
contribute to positive social
change by challenging gender stereotypes and norms, promoting equality,
and advancing the rights
of all individuals.
Overall, bringing in gender-neutral laws is essential
for promoting equality,
eliminating discrimination,
and creating a more inclusive and just society where everyone can thrive regardless of their gender identity or expression.
3.
How will gender neutral
laws impact the offence of rape and what
will be its consequence?
Gender-neutral rape laws can significantly impact
the way sexual
assault is addressed
by the legal system. Here's a breakdown of the potential changes and consequences:
Ø Increased Equality: These laws recognize that
anyone can be a victim of sexual assault,
regardless of gender identity. This ensures equal protection under the law for men, women,
and transgender individuals.
Ø Reduced Stigma: By acknowledging male
victims and female perpetrators, the law combats the stereotype that only women can be raped. This can encourage more men to come forward
and report sexual assault,
which is often underreported.
Ø Broader Protection: Gender-neutral laws encompass a wider range of sexual acts, not just penile-vaginal penetration. This ensures all forms of non-consensual sexual
acts are recognized as crimes.
Ø Clearer Definitions: Rape
definitions may need to be revised to be more inclusive of different
genders and types
of sexual assault.
This can lead to clearer
legal language for prosecution.
Ø Shifting Focus: The focus might shift from
the victim's gender to the issue of consent itself. This can lead to a more objective approach to investigating and prosecuting these
crimes.
CONCLUSION:
The rise of gender-neutral laws in criminal justice, particularly
concerning sexual assault and domestic violence,
offers a path towards a more equitable legal framework. By focusing on the act itself rather than the gender identity of the perpetrator or victim, these laws promote
equality and ensure equal
protection under the law for all individuals. Additionally, they help reduce stigma surrounding male victims of sexual
assault, encouraging more accurate reporting and support systems. Moreover,
gender-neutral laws broaden
the scope of protection by encompassing a wider range
of non-consensual sexual
acts that traditional laws may overlook.
However, implementing gender-neutral laws requires careful consideration.
Concerns include potential
downplaying of power dynamics in sexual assault cases and the necessity for
clear definitions within the law.
Collaboration among legal experts, advocates, and survivor groups can address these concerns
and ensure inclusivity and effectiveness in the legal framework.
Despite challenges, the benefits of gender-neutral laws in promoting equality, reducing stigma,
and offering comprehensive protection for victims
outweigh the drawbacks. This shift not only reflects the realities of sexual assault
and domestic violence but also moves society closer to a legal system that safeguards all individuals, irrespective of gender identity. It signifies a crucial step
towards creating a safer and more just society
for everyone.