GENDER NEUTRALITY IN INDIAN LAW: A CRITICAL ANALYSIS

This paper analyses the debate on gender neutrality in the context of an emergent Indian Law. Since Indian law has historically contained protections for women against socio-patriarchal oppression through protectionist discrimination under Article 15(3), breaks by the judiciary to protect the arcane statutory binaries in Articles 14 and 21 have challenged its legal foundations. To that end, this paper analyses the constitutional paradigm vis-a-vis feminism in four statutory spheres in current law: 1. Criminal Jurisprudence: Gender-exclusive sexual offences under BNS Section 63 and the statutory void left for male, transgender, and non-binary victims following the repeal of IPC Section 377. 2. Domestic & Workplace Abuse: Presumed female victimhood and male perpetration under BNS Section 85 (Cruelty), the PWDVA (2005), and the POSH Act (2013). 3. Maintenance Provisions: Statutory asymmetry under BNSS Section 144 contrasted with the gender-neutral civil standard under Sections 24 and 25 of the Hindu Marriage Act, 1955. 4. Adoption & Civil Rights: Sex-based discrimination under CARA Regulation 5(4)—prohibiting single fathers from adopting female children—and the statutory exclusion of transgender parents under HAMA and the JJ Act. As a solution to address and balance for Article 14 equality and Article 15(3) safeguards, a new Asymmetric Gender-Neutral Model is put forward which introduces gender-neutral core offences and equal civil rights for women and victims while safeguards these through targeted legislative presumption, increased punishments and procedural protections.