INCLUSIVE JUSTICE: A CRITICAL ANALYSIS OF GENDER-NEUTRAL RAPE LAWS IN INDIA

This paper critically analyses the need for implementing a gender-neutral rape provision in India to encompass the diverse experiences of survivors and perpetrators. The primary aim of this research is to underscore the necessity of transitioning towards gender-neutral rape laws in India. The paper seeks to challenge the antiquated belief that gender plays a role in the determination of parties of sexual violence and instead argues for the law to recognize the varied experiences of individuals without considering gender as a critical factor. Further, this study addresses the changing social mindset and dynamics and its role in a gender-neutral provision. This paper seeks to unveil the limitations of gender-specific laws through a comprehensive review of existing legal frameworks, reports, and judgements. The paper reveals a systemic deficiency in current legal provisions, particularly in acknowledging the experiences of male survivors as well as victims of abusive same-sex relationships and dispelling the restrictive narrative that only women can be victims and only men can be the perpetrators. The results of the study argue that gender-neutral rape laws not only fill a crucial legal gap but also play a pivotal role in shaping societal attitudes towards sexual violence. It seeks to conclude that such a provision would align with the principles of justice and equity as envisaged in the Constitution by providing a legal remedy to all victims regardless of gender.