GENDER-NEUTRAL RAPE LAWS: NEED FOR REFORM IN INDIAN CRIMINAL JURISPRUDENCE

This study investigates the current situation with the criminal legislation in India concerning sexual offences and the urgent necessity of the gender-neutral criminal law. The paper examines the current laws (especially, the Indian Penal Code, and the recently established Bharatiya Nyaya Sanhita, 2023), court interpretations, and legislative suggestions. It illuminates the way existing legislations (such as the Section 375 IPC) in the past set rape as the act of a man raping a woman, which leaves out all male, transgender, and non-binary victims. The analysis will be based on the domestic sources (law commission reports, court decisions, legal commentary) and international models (Canada, UK, etc.) to determine whether gender-specific provisions continue to be a means of justice. The major conclusions can be made to confirm that there is a significant legal gap: numerous survivors (men and gender-diverse in particular) are not covered by the current system. In the case of Sudesh Jhaku v. K.C.J. (1996) , Priya Patel v. MP (2006) , Kamaljit Kaur v. Punjab (2023) indicates that the judicial cognizance of these gaps exists. Comparative examples indicate that such countries as Canada, Australia and UK have adopted completely inclusive definitions of sexual assault. The results of the given study highlight that it is necessary to change the laws of India: to make rape and related crimes gender-neutral (although retaining the protection of all victims), to amend the laws, such as the exception of marital rape, and to create the complementary acts concerning domestic violence and harassment. Suggestions may involve certain drafting changes (e.g. having rape redefined as non-consensual penetration by any person) and policy changes to enforce the latter. These reforms would bring the Indian law in line with constitutional equality (Article 14) and international standards on human rights thus giving equal justice to all the genders. Keywords: Gender-neutral law; Rape legislation; Indian Penal Code; Bharatiya Nyaya Sanhita; Sexual offences; Domestic violence; Article 14; Legal reform.