Time to See Beyond Gender: A New Paradigm in Understanding Sexual Crimes
- NLR Journal
- Jul 15
- 2 min read
By Dr. Asish Kumar, Assistant Professor, Amity Law School, Amity University, Jharkhand.
Abstract
Sexual offenses are a serious infringement of human rights, bodily integrity, and dignity. However, India's legal system is largely geared to female victims at the expense of men's and transgender people's experiences. The patriarchal-based, gender-differentiated, women-oriented legal framework that is strengthened by gender stereotypes is responsible for the systemic underreporting and marginalization of sexual offences against men and transgender individuals.
By interpreting sexual violence in a binary framework, the law simplifies its multifaceted nature and excludes victims who do not conform to conventional narratives. The Bhartiya Nyaya Sanhita 2023 still defines rape and related offenses according to gender-specific terminology, continuing the flawed assumption that only women can be victims. This loophole against the law diminishes the concepts of justice and equality, denying male and transgender survivors proper legal recognition and protection.
This research paper critically examines the absence of legal protections for male victims of sexual violence in India, examining the problem through historical, legal, and societal perspectives. It probes the effects of such exclusion, particularly the stigma and incredulity male and transgender survivors are commonly subject to while reporting their experiences.
The paper further provides a comparative study of global legal structures, where it presents how nations like the United Kingdom, the United States, Australia and Canada have embraced gender-neutral sexual assault legislation. Such reforms offer a broader and better response to sexual violence, acknowledging victims irrespective of gender.
In addition, the paper also discusses resistance to gender-neutral legislation in India, specifically some activist groups worried that such reforms would erode protections for women. These fears are put under critical scrutiny, with the contention that widening legal protections to all survivors does not water down women's rights but enforces the larger commitment to justice, equality, and human dignity for everyone.
Keywords: men, transgender, gender-neutral, sexual violence, rape laws, sexual violence, gender-neutral, justice, sexual assault, Bhartiya Nyaya Sanhita 2023.
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