Published January 8, 2026 | Version v1
Journal article Open

Does the Gender-Specific Language of Rule 3B Violate the Right to Equality (Article 14) by Treating Survivors of Sexual Violence Differently Based on their Gender Identity?

Authors/Creators

  • 1. OP Jindal Global University

Description

This is an article that delves deeper into the aspect of the framework of abortion laws in India, and points out the lackadaisical attitude towards the non-binary groups, such as trans men, gender-diverse pregnant persons, and non-binary individuals. I have focused more on the ostracisation and challenges faced by survivors of sexual violence, how legal protections are not provided based on trauma and vulnerability, but rather based on gender. Through this, I explain the violation of the fundamental right to these categories, essentially Article 14 of the Constitution of India, and the arbitrary enforcement of Rule 3B and the exclusion of termination of pregnancies for specific categories of women, such as survivors of sexual assault, minors, and women with disabilities.

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