Is Now the Time for Gender Neutral Rape Laws?

The Allahabad High Court recently ruled that a woman cannot commit adultery but can be jailed for aiding and abetting rape, so the question arises: How much do you want rape laws to be gender neutral?


The law on sexual crimes in India is the Sexual Offenses Amendment Act 2013, which was amended after a young woman was raped in Delhi in 2012. The law covers rape and sexual assault but does not address gender. – impartial rape.

So, according to the current law in India, only men can be charged with torture. However, the legal definition of rape includes sexual coercion, oral sex, or access to an object without the consent of the victim, which applies to all people regardless of gender.
There have been calls for gender-neutral legislation in India, particularly from LGBTQ+ individuals who say the current law is discriminatory and many victims are denied legal rights. However, no special law has been enacted to solve this problem so far.

Under-reporting and criminalizing sexual violence and harassment is important in India and more needs to be done to empower survivors and raise their voices on the social and cultural issues that lead to such crimes.

Current situation –
India’s current rape laws only recognize men as perpetrators and women as victims; this could be seen as discrimination against people who do not fall into these traditional gender categories, including trans people, non-binary people and gender identities. Men. Committed adultery.

India’s current rape laws are gender specific and take into account that only men can rape.
The legal definition of rape is “sexual intercourse” between a man and a woman without the woman’s consent. However, this definition does not cover the potential sexual abuse of a woman or man, such as oral sex, anal penetration, or non-consensual sex.

In some cases, a non-female person may not be able to file a rape or sexual violence lawsuit because the law does not know about the person’s experiences. This can make it harder for victims to access justice and make the case more important to the police.

Activists and members of the LGBTQ+ community in India have demanded that laws be passed on gender-neutral rape.
Such a law would recognize all people as victims and perpetrators, regardless of gender. The United Nations also supported gender-neutral laws, urging India to change the law to ensure justice for all victims of sexual violence.

India’s leaders have tried to pass legislation on gay rape in the past but failed. The issue is quite complex and there are concerns about how these laws apply, especially when perpetrators and victims are same-sex and different.

Many countries around the world have laws recognizing rape and sexual assault as crimes that can harm a person in terms of gender.
In recent years, there has been increasing recognition that gender-neutral rape laws are necessary to address sexual violence against marginalized groups, including trans people, non-binary people, and abused men.

In some countries, laws recognize rape and sexual assault as a crime that can be committed against anyone, regardless of gender. For example, in the United Kingdom, the Crime Act 2003 defines rape as sexual intercourse without consent and does not specify the sex of the victim or perpetrator.

Similarly, in Sweden, the law recognizes rape as a crime that can be committed against anyone and defines it as sexual or other offenses through violence, threat or force against the will of the person.

In some countries the law explicitly recognizes that men can be victims of rape and sexual violence.
For example, in the United States, many states have laws that make rape a crime that can be committed against anyone, regardless of gender. The definition of rape varies from state to state, but many states recognize that men can be victims of rape and sexual assault.

However, there are still many countries whose laws do not recognize men or non-gender people as victims of rape or sexual violence. This can make it difficult for these people to report sexual violence and seek justice because the law will not provide them with adequate legal protection.

In general, while there is greater awareness of the need to legalize gender-neutral rape, the legal process and context of sexual violence varies from country to country, and more needs to be done to ensure that all victims of sexual violence have access to justice. Regardless of gender. .
Recent decisions on gender-neutral rape laws in India, as of September 2021, there are no major new gender-neutral legal decisions in India. However, many important legal developments and problems revealed the necessity of bringing an undisputed approach to homosexuality in the country.

In 2018, the Supreme Court of India passed a landmark ruling in the Navtej Singh Johar case, which excluded homosexuality in the country. The resolution recognizes that everyone needs equal rights and protection, regardless of their sexual orientation or gender identity.

In 2020, a trans woman in Kolkata was accused by a group of men and the case was registered under the Unfair Sexual Harassment Act.
Victims challenged the law’s definition of gender-based rape, and the Calcutta High Court asked the central government to consider changing the law to include the average female parent.

Similarly, in 2021 in Haryana, a trans woman was accused of rape and the case was registered under special rape law. Victims’ advocates argued that the current law does not recognize sexual assault against transgender people and calls for a gender-neutral law.

These cases highlight the urgent need for gender-neutral laws in India that would recognize all people as victims and sex offenders, regardless of their gender. The Indian government and legislators must take steps to address this issue and ensure that all victims of sexual violence, regardless of gender, get justice.

Conclusion –
The non-legalization of cross-gender sex in India is a huge problem and it is important for the Indian government to act on it. This law will help ensure justice for all victims of sexual assault, regardless of gender. Awareness should be raised about the many experiences of people who do not conform to the traditional gender binary and they should be protected by the law.

The need to legalize gender-neutral rape in India is essential to ensure justice and recourse to all victims of sexual abuse, regardless of gender. The Indian government must take steps to address this problem, ensuring that the laws are inclusive and provide adequate protection to all people.


Contact best lawyer in Jaipur

Advocate Kunal Sharma

+91 7737501808
+91 7790905299

Office Address
Plot No. 114, Ganesh Nagar,
Mansarover, Behind of Ganesh
Pairadise Jaipur- 302020 (Raj.)


Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top