LEGISLATIVE GAP: THE URGENT NEED FOR GENDER-NEUTRAL RAPE LAWS IN BHARATIYA NYAYA SANHITA, 2023

Rape is one of the most heinous crimes. Yet, India's legal definition of rape under Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, is still gender-based, only acknowledging women as victims and men as offenders. This framework overlooks male, transgender and non-binary survivors, violating constitutional guarantees of equality, non-discrimination and dignity under Articles 14, 15 and 21. This paper critically evaluates the legislative gap caused by the gendered terminology of Section 63 and compares its inconsistency with constitutional ideals and international human rights norms. Based on judicial precedents, commission reports and comparative legal frameworks from other jurisdictions, the paper argues for the urgent need to adopt gender-neutral rape laws in India. It highlights the invisibility of sexual offences against men and transgender persons, patriarchal assumptions present in current legislation, and emphasises the need for inclusive legal reform. The study concludes by proposing amendments to make the definition of rape gender-neutral and to ensure that justice is based on the act of sexual violence rather than the gender of the individuals involved.