Toward Inclusive Justice: Gender Neutrality in Indian Sexual Offence Laws

Abstract

Sexual offence laws in India have historically been framed in gender-specific terms, primarily recognizing women as victims and men as perpetrators. While such an approach emerged from the need to protect women from systemic gender-based violence, it has increasingly come under scrutiny in contemporary legal discourse. The evolving recognition of male and transgender victims of sexual violence has generated debate regarding the need for gender-neutral definitions of sexual offences under Indian criminal law. This study examines the concept of gender neutrality in the context of sexual offences, with particular emphasis on its implications for women’s protection. The research adopts a doctrinal methodology, analyzing statutory provisions under the Indian Penal Code and the Bharatiya Nyaya Sanhita, judicial pronouncements, constitutional principles, and policy recommendations such as those proposed by the Justice Verma Committee. Comparative insights from other jurisdictions are also considered to assess the feasibility of gender-neutral sexual offence laws. The study finds that while gender neutrality may promote equality before law and ensure recognition of victims beyond the binary framework, it must be implemented cautiously in societies characterized by deep structural gender inequalities. Women continue to constitute the majority of victims of sexual violence in India, and legal reforms must therefore maintain strong protective safeguards for them. The article argues for a balanced approach that recognizes all victims of sexual violence while preserving gender-sensitive mechanisms that address the social realities faced by women.