Striving for Justice: The Movement towards Gender Neutrality in Family Law
By Mishka Paswan, Amity Law School, Patna.*
Gender neutrality in family law has become a critical movement in recent years. And this article Striving for Justice: The Movement towards Gender Neutrality in Family Law will delve into it. Traditional gender roles and assumptions about gender have been deeply ingrained in family law, resulting in unfair outcomes for women and other gender minorities. This movement towards gender neutrality has been driven by several factors, including the changing roles of women in society, increased awareness of gender inequality, and changing attitudes towards gender and sexuality. As a result, laws and policies related to divorce, child custody, child support, and other family law matters have undergone significant changes in recent years.
Many states have adopted a presumption of shared parenting, which prioritizes the involvement of both parents in the lives of their children regardless of gender or sex. Additionally, the best interests of the child standard, which is used to determine custody arrangements and other family law matter, now take into account a wide range of factors beyond just gender and sex. The benefits of gender-neutral family law are many. By avoiding assumptions based on gender or sex and instead focusing on individual circumstances, gender-neutral family law promotes increased fairness and equality in family law proceedings. This approach also reduces reliance on gender stereotypes and assumptions, leading to more individualized and nuanced decisions.
* The author is a third-year student pursuing B.A. LL. B from Amity University, Patna.