GENDER NEUTRALITY WITHIN THE DIMENSIONS OF RAPE IN THE INDIAN LEGAL SYSTEM

Rape is the fourth most common crime committed by people in India. It is often considered that rape is committed by male towards the female and therefore it is unlikely to be vice-versa. Not only the people but also the Indian Law is based on the conception that woman is the victim of the rape and man is the perpetuator of crime. The rape scenario in the transgender community is also very disturbing. Sexual assault in the sub-population of the transgender community which includes the youth, individuals with disability, homeless people and those involved in sex trade has been found to be high. Although the concept of gender-neutrality has been recommended by experts and reports, no notable steps have been taken to curb this situation. It is desirable to consider rape with the human rights and negate the role of gender biasness in the identification of the victim and perpetuators of rape. Regardless of gender of an individual, there should be equal protection of law under Article 14 of Indian Constitution. In order to have better understanding and inclusivity in the paper, the author has focused on the secondary data, statistical tests and experiments. The research conducted in this paper finds that even after the amendments in criminal law, the position has remained the same i.e. gender specific. This paper aims to shift the minds of the readers to the neglected nature of the legal system towards the transgender community and the need for gender-neutral laws in the Indian legal system.