THE IMPERATIVE FOR GENDER-NEUTRALITY IN INDIAN CRIMINAL LAWS: A CRITICAL EXAMINATION WITH SPECIAL REFERENCE TO IPC (BNS), POSH, DOMESTIC VIOLENCE ACT, AND THE BHARATIYA NYAYA SANHITA

Abstract

The discourse surrounding gender neutrality within the Indian criminal justice system remains an underexplored yet critical subject, particularly with respect to laws addressing sexual violence, workplace harassment, domestic abuse, and the evolving criminal justice framework under the proposed Bharatiya Nyaya Sanhita (BNS). The prevailing gender-specific approach in legal frameworks such as the Indian Penal Code (IPC), the Prevention of Sexual Harassment at Workplace (POSH) Act, and the Protection of Women from Domestic Violence Act (DV Act) reflects not only entrenched societal biases but also systemic limitations that hinder the equitable application of justice. The introduction of the Bharatiya Nyaya Sanhita, as a new framework, provides a timely opportunity to reconsider gender neutrality in the Indian legal context. This paper critically examines the implications of gendered legal provisions, with a doctrinal focus on the potential for reform to foster gender-neutrality across these laws. By analyzing the institutional, legal, and societal challenges, this research seeks to elucidate the urgent need for a more inclusive legal framework that extends protection and justice to all genders, while simultaneously addressing the persistent challenges in implementing such reforms within the Indian socio-legal context.