Evolution of Gender Neutrality in Indian Criminal Law: A Historical and Comparative Perspective

Gender neutrality in India’s criminal justice system has emerged as a central issue in recent legal and policy debates. This reflects a gradual movement away from colonial-era, protection-focused laws toward a more equality-driven approach. For decades after independence, many criminal statutes were built on the assumption that women are the primary victims and men the typical perpetrators. This perspective left little room for recognizing the experiences of male, transgender, and non-binary survivors of crime.

In recent years, however, global human rights norms and evolving moral standards have reinforced the principle that legal protection must extend equally to all gender identities. This paper examines the historical development of gender neutrality in Indian criminal law, beginning with the Indian Penal Code of 1860 and tracing its trajectory through constitutional guarantees, landmark court decisions, and major statutory reforms. These include the Criminal Law Amendments of 1983, 2013, and 2018; the Protection of Children from Sexual Offences Act of 2012; and the Transgender Persons (Protection of Rights) Act of 2019.

By comparing India’s legal framework with those of countries such as the United Kingdom, Canada, and South Africa, the paper highlights practical lessons for drafting and enforcing gender-neutral laws. Although significant progress has been made, important gaps remain-most notably the lack of legal recognition for marital rape and the continued gender-specific framing of domestic violence legislation.