Statutory Silences

Evaluating Gender Neutrality of Rape Laws Under Bhartiya Nyaya Sanhita, 2023

Abstract

The introduction of the new criminal laws, Bhartiya Nyaya Sanhita, 2023, Bhartiya Nagarik Suraksha Sanhita, 2023 and Bhartiya Sakshya Adhiniyam, 2023, to make changes in the colonial era provisions and on the lines of strengthening law and order while making existing laws relevant to the contemporary situation have neglected the most coeval changes which was expected of them, making sexual offences, especially rape, gender-neutral. Since rape laws are typically written in a binary paradigm, they frequently miss important aspects of sexual violence and its diverse effects on a range of gender identities. According to studies, 53% of Indian children are sexually abused, and a sizable percentage of these victims are boys (National Study on Child Abuse, 2007). Because of social stigma, legal invisibility, and victim-blaming anxiety, sexual violence against men and transgender people goes glaringly underreported, according to data from the National Crime Records Bureau (NCRB). The necessity for gender-neutral rape laws which acknowledge that anybody can be impacted by sexual violence, regardless of gender is examined in this paper. Through an analysis of current legislative frameworks, we discern innate prejudices that marginalize victims who identify as non-binary, transgender, and/or masculine, thus sustaining a cycle of invisibility and inadequate legal protection. This paper promotes
comprehensive changes that reinterpret the legal definitions of rape to include all genders, guaranteeing survivors; fair access to