Critical Analysis of Gender Neutrality in Rape Laws in India

Abstract

Rape, which is a non- consensual sexual act committed by a male person against a female, is considered to be one of the most heinous offences under Indian penal code. In India, the law relating to rape provided under section 375 of Indian penal code gives protection to female only and excludes male from its purview, and thus it is a gender biased legislation. This Article examines the relevancy of gender biased rape laws in India and evaluates whether in India, the law relating to the offence of rape, should be gender neutral or not. This Article also compares the rape laws in different democratic countries with Indian law and summarizes judicial opinion regarding this issue. A comparative analysis of India and other democracies of the world with respect to rape laws is also the focal point of this article.