Gender Neutral Rape Laws in India Need of a Stricter & Inclusive Regime

Harsh Singh and Prachie Singh
UPES School of Law, India.

Volume II – Issue III, 2020

The current regime of sexual offences in India are gender-biased, they contend male to be perpetrators and female to be victims of sexual offences. In the wake of social change, it is quintessential to expand the definitions provided for various categories of sexual offences, to include sexual offences of homosexual nature and recognition of woman as perpetrators to sexual offences. Sodomy criminalizes only apart of homosexual offences therefore not entirely effective. Criminal Law Amendment Bill, 2019 though paves positive step towards gender-neutrality of sexual offences but it has not been enforced yet. Beside substantive changes, procedural changes need to be incorporated for proper disposal off gender-neutral sexual offences. However, amendment in penal code is just one step towards the gender-neutrality of sexual offences. Effective change can be possible by collaborating law with judicial recognition of non-penetrative rape, elimination of social stigma, generating awareness, and proper sex education.

Keywords: Gender-neutral sexual offence, Rape of men, Women perpetrators, Homosexual rape, Non-penetrative rape


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