Gender-neutral laws is the 'need of the hour' in India!

By S R Ranjan: A State is ruled by the ‘Law of the Land’ and its citizens, the people of India, irrespective of the class, sex or gender, etc, is governed and have equal rights as per the ‘Law of the Land’ – The Constitution of India.

In India, The Constitution upholds equality and forbids gender-based prejudice. Fundamental Rights, Article 14 of The Constitution of India reads as: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”  Why is that laws in India are still not gender-neutral?

As a democratic country, India has made a huge progress towards gender equality with women empowerment, but still in many areas there still exists injustice and inequality when it comes to laws, commissions, regulations, legal issues and societal implications. Gender-neutral laws are evidently missing in India and are very much conspicuous by its absence. A Research Study and recent voices in ‘Modern India’ from all walks of life, including the legal fraternity examine and find the need for gender-neutral laws in India – family laws, criminal laws, employment laws, etc.

The question here is whether the laws in India are unjust towards the men and favors the women and are there enough laws to protect the men too? According to the study gender-specific laws and legislation can lead to an unbalanced legal system and become discriminatory towards a particular gender. For example in many cases like sexual assault, rape, domestic violence, matrimonial disputes, crime, irrespective of the diversity of subjective nature, experiences and wrongs, a presumption builds that women are the victims and males are the perpetrators. Fundamentally, this defies the idea of justice as equality before the law and enforces gender stereotypes.

Why is it that in many case, especially matrimony, men are denied justice as equality? While the society, laws and legal system acknowledge and address the vulnerabilities that women experience in cases like sexual assault, rape, domestic violence, matrimonial disputes, etc. it is equally important and crucial to recognise that men too are victims of similar crimes. A research study examines that gender-based offence and legal punishments reinforces stereotypes, display prejudices that uphold inequality and restricts the scope of justice.

The study states that gender-neutral laws, according to international examples, have improved work-life balance, reduced gender-based violence, boosted gender equality, dispelled gender stereotypes and expanded societal inclusion. “In a number of countries, including Sweden, Norway, and Canada, the adoption of gender-neutral legislation and policies has advanced significantly. In India, policy decisions can be made more effectively and efficiently by analysing the effectiveness and impact of these measures and gender-neutral laws,” says the study.

 - S.R.Ranjan

 (Singh Rakesh Ranjan)

Freelance Journalist

 

(Inputs: theamikusqriae)

(Representational images, sources)