Abstract

Gender neutrality in Indian rape laws was first time dealt in the case of Sudesh Jhaku v KC Jhaku. In this case the case observed that the sexually assaulted men should be given the same protection of the laws as given to the female victims. The 172nd Law Commission’s Report recommended making rape laws unbiassed. The latest development regarding gender neutrality of rape laws is the bill presented by Mr. KTS Tulsi which seeks to make rape laws gender neutral which has not been passed yet. Around seventy-seven countries have established and accepted the gender-neutral laws including USA, UK, Australia and Denmark. The state has a fundamental obligation “to provide a safe environment, at all times, for all citizens”. The statutes of the state should be such that it reflects the obligation towards its citizens. In India according to Section 375 of the Indian Penal Code rape is defined as “a man is said to commit ‘rape’ if he……”. India does not recognise gender neutrality in rape laws and follows the traditional notion of male being the perpetuator. Gender neutrality in rape laws seeks to increase the ambit of the victims of rape and sexual assault. It aims to recognise and normalise rape and sexual assault of male and other genders and to provide equal protection of laws irrespective of their gender. The further developments in rape laws in India were seen in the 172nd Law Commission Report and the 2013 Criminal Law Amendment.

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