Gender Biased Criminal Law in India and Role of Judiciary

Abstract

Inequality between both genders is one of the most obvious manifestations of inequality around the world. It was considered that there was a need to execute legislative changes that would place women and men on an equal footing as a result of a powerful feminist movement that emerged in the middle of the twentieth century. This movement brought attention to the enormous inequities and horrors that women suffer daily. As a result, legal changes were implemented. newlineIt is a common misconception that women can never be their abusers; rather, they can only be victims. One manifestation of this mentality may be seen in the way offences are defined. Assuming that modesty is something that is solely linked with women, Indian criminal law does not recognize the modesty or sexual integrity of men. This is because Indian criminal law definitions believe that modesty is only associated with women. For instance, the International Criminal Code (IPC) formerly defined rape as penile-vaginal intercourse; but, after a modification in 2013, the definition of rape was expanded to encompass the penetration of any object. This paper will help the readers to understand how gender biases in Indian criminal law impact the recognition and prosecution of sexual offences against men, and what are the social and legal implications of these biases? newlineThe number of crimes committed against men is growing by the day; the gender of the perpetrator is irrelevant to the definition of a crime, and they might be either male or female. However, because it is generally accepted that men are biologically more capable of physical strength, our Indian laws largely treat women as victims. newlineAbuse between spouses can come from either partner and affects both partners equally. The typical presumption or preconceived conception that have been in our society since the days of yore is that men are supposed to be strong and formidable, and they are generally expected to keep their emotions bottled up. This has been the case ever since the dawn of our culture.