Need for Gender Neutral Rape Laws in India: A Legal Study

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Tharak Sudharrshan
Published On: 08/06/2023
Volume: 9
Issue: 3
First Page: 174
Last Page: 189
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Tharak Sudharrshan, Need for Gender Neutral Rape Laws in India: A Legal Study, Volume 9 Issue 3, Journal of Legal Studies & Research, 174-189, Published on 08/06/2023, Available at https://jlsr.thelawbrigade.com/article/need-for-gender-neutral-rape-laws-in-india-a-legal-study/

Abstract

Rape is the fourth most common crime in India, and it’s a major issue throughout the globe. History has shown that rape is not just a woman’s crime but also affects men as well as gays and members of the transgender community. Even in the IPC, rape is defined in law as involving a male criminal and a female victim. Understanding this issue and its significance requires letting go of stereotypes regarding sexual offenses, such as the idea that they can only be committed against women. Rape may happen to anybody, regardless of their age, gender, or sexual orientation.

The paper focuses on discussing this reality gap where the rape laws just focus on females being victims. It discusses the incident of rapes with even males and transgender and focuses on the need to establish gender-neutral rape laws in India.

Keywords: Rape Laws, Gender-Neutral, Patriarchy, Reality Gap, Judicial Gap

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