Gender Neutral Laws In India - A Critical Analysis
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Category: General Law
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GENDER NEUTRAL LAWS IN INDIA - A CRITICAL
ANALYSIS
Jay Pradeep Gavade1 & Aditi Ajit Ankush2
ABSTRACT
India's legal strategy for gender-neutral legislation has been delayed and uneven, despite suggestions from numerous committees and commissions. We live in a society that promotes gender equality and civil rights across cultures. To understand gender-related rights and regulations, one must first deconstruct the gender concept. According to the United Nations, it is a socially and culturally created term that distinguishes between men and women, and boys and girls. This has something to do with an individual's feminine and masculine characteristics. Gender-neutral laws provide the protection of all persons, regardless of gender. Existing laws often favour one gender over another, necessitating the creation of such legislation. For example, laws regarding rape and sexual attacks in India is gender-specific, protecting exclusively women.
This leaves males and transgender people vulnerable to sexual assault without legal protection. Gender-neutral laws provide equal protection for all persons. The legislature should pass laws to close gaps and safeguard all citizens. Introducing gender-neutral legislation can help change society attitudes about the roles of gender and prejudices. This article examines gender-specific flaws in India's Women Protection Laws, which punish primarily males and do not provide equal protection against crimes perpetrated against women. The author analyses current Indian protective legislation in light of gender neutral regulations and proposes changes to ensure equal protection for all genders under law, rather than prioritizing one over another. These laws are necessary to ensure equal legal protection for all persons.
The legislature must take steps to adopt gender-neutral laws in order to close gaps in current laws and safeguard all citizens. Keywords: Gender neutral, Gender-biased Laws, Rape, Human-rights, Sexual harassment.
1 B.A.LL.B., Manikchand Pahade Law College, Aurangabad, Maharashtra, India
2 B.A.LL.B., Manikchand Pahade Law College, Aurangabad, Maharashtra, India
I.
INTRODUCTION
Gender equality impacts every member of the society and defines the fundamental cornerstone of a fair community; therefore the issue of social inequality is enormously important and has massive ramifications that cover a comprehensive and infinite palette. 3 Gender inequality in India refers to health, employment, social, and political inequalities between men and women in India. 4 Gender neutral laws attempt to ensure equal penalties and opportunities for all genders, while eliminating negative discrimination. Vulnerable women in India have been tyrannized, traumatized, and exploited since the medieval period, and as a result, they have been provided special legal protections. Legislators have achieved gender equality in school, job, and status. However, the concept of feminism has been misconstrued in the post-globalization era.
5 In layman's terms, "Gender neutrality is the idea that policies, language, and other social institutions should avoid distinguishing roles based on people's sex or gender, in order to avoid prejudice arising from the impression that one gender is better suited for certain social roles than another. 6 The Indian Constitution, the world's longest, upholds the principle of equal protection of the law and prohibits discrimination based on religion, race, caste, or gender. Place of birth. Despite almost 70 years of independence, women's advancement has not been equitable across the country, and atrocities against women continue to occur. To remove these cultural problems, the country's policies require being restructured to properly execute sexual crime regulations.
The question is whether that nation's present laws are meant to ensure complete safety to all residents, or if they are adopted as a response to evident problems or to defend against unseen threats. It is vital to bear in mind that sexual orientation is not restricted to two or more generally accepted concepts. Gender disparity does not imply pushing policies that benefit women while 3 Claire Melamed, Gender is just one of many inequalities that generate poverty and exclusion | Claire Melamed, The Guardian, Mar. 9, 2012, https://www. theguardian. com/global-development/povertymatters/2012/mar/09/gender-inequality-poverty-exclusion 4 Carol Vlassoff, Gender Differences in Determinants and Consequences of Health and Illness, 25 Journal of Health, Population, and Nutrition 47–61 (2007).
5 Claire Melamed, Gender is just one of many inequalities that generate poverty and exclusion, THE
GUARDIAN.
6 Udry, J. Richard "The Nature of Gender",Vol. 31 DEMOGRAPHY 564, 561-573 (1994).
leading us to believe that males cannot be raped. Gender neutrality, as the name indicates, is a neutral idea that should not discriminate against any group in the country. "It's time we all viewed gender as a range of emotions, not two sets of opposing values," Emma Watson said more eloquently. The next goal for India is to make its laws gender neutral. The legislature has enacted gender-specific legislation in response to unequal development and atrocities against women, as seen in incidents such as Nirbhaya, Kathua, and rape in Hyderabad. Some laws for protection have been used as a fatal weapon, resulting in serious misapplication. Gender-neutral legislation might be enacted to protect all persons, regardless of gender.7
LITERATURE REVIEW
1. Shweta Kabra8, in this the author aims to assess the necessity for a gender-neutral rape
legislation in India. The author traces the rape statute reforms that have occurred in India, as well as many facets of gender neutral legislation.
2. Tanvi Mathur & Himanshi Motiani9, The authors contend how there is a core
assumption that males are domineering, insensitive, and stronger than women, yet the situation has changed, and many pro-women legislation are being abused, clearly denying fairness to the true victim. Gender neutrality is not anti-feminism or pro-male, but rather a way to achieve an equitable society.
3. Bala Nikit10, The author analyzes the Protection of Women against Sexual Harassment
at Workplace Act and how it leads to stereotyping, with harassment being attributed solely to female victims. He also examines how this Act has outbalanced the essence of Article 14 of the Indian Constitution.
4. Jidan Kongari11, The author specializes in the jurisprudential study of gender neutrality
7 Pranzal Zha, Gender equality vs. Gender neutrality, IPLEADERS, https://blog.ipleaders.in/gender-equality-vgender-neutrality/.
8 Gender Neutral Laws- How Needful in India?, AWARDED LAW RESEARCH REPORTS JOURNAL, Vol 1
https://docs.manupatra.in/newsline/articles/Upload/3FE150D0-E784-49BD-8328-4134C0E87955.pdf
9 Favouring Women by Divesting Men
An Overview, INTERNATIONAL JOURNAL OF MANAGEMENT AND SOCIAL SCIENCESRESEARCH (IJMSSR) ISSN: 2319-4421, Volume 6, No. 9,September 2017
10 Gender Neutrality In Sexual Harassment Bill , [2014] 1 MLJ (CRL) 41
11 Gender Neutrality and Legal Complexities in India, LEGAL INDIA, https://www.legalindia.com/genderneutrality-and-legal-complexities-in-india/ and legal difficulties in India, with a particular focus on rape legislation. The author also addressed the position of male victims in India.
5. Ratana kapoor12, the author discusses the topic of equality in post-colonial India, as
well as some of the structural and normative barriers to initiating constitutional challenges in the pursuit of greater equality. She investigates initiatives to use legislation, namely constitutional rights to equality, to challenge sex discrimination laws in India. She has also studied some of the attempts to apply fundamental rights to equality as protected by Articles 14, 16, and 15 of the Constitution against legal norms and procedures. RESEARCH QUESTIONS After reviewing existing literature, the researcher identified a research gap regarding gender neutrality, the function of courts and the legislature, recommendations for improved enforcement of gender-inclusive rape laws, and the need for legal acknowledgment of genderneutral domestic violence and rape laws.
As a result, after examining the gap in research and the issue description, the researcher developed the inquiries that followed to help simplify his investigation. To make his study more efficient, he developed the following research questions.
1. How can gender be better placed in rape laws to make those provisions gender
neutral?
2. How gender is placed in sections - 375 and section - 376 of the Indian Penal Code,
1860?
3. Do men to have the right to consent?
4. What are the roadblocks infringing gender neutrality in rape laws?
5. Do men have the right to bodily integrity as well?
12 OXFORD CONSTITUTIONS OF THE WORLD [OCW] 742 (Sujit Choudhryet al, Oxford
University Press 2016)
RESEARCH
METHODOLOGY
The methods used for this research will be doctrinal rather than empirical. The researcher would depend mostly on original data, such as legislation enacted and judgments issued by Indian and foreign official institutions. Secondary data sources that will be used include scholarly opinions in recognized journals, books by notable authors, Commission reports, newspaper and blogs pieces, and online documents. HYPOTHESIS
1. Making the legislation totally gender neutral would be detrimental to the rights of
female rape victims. As a result, a remedy would be to make the legislation genderspecific for the perpetrator while remaining inclusive of gender for the victim. This article examines gender-specific flaws in India's Women Protection Laws, which punish primarily males and do not provide equal protection against crimes perpetrated against women. The author analyses current Indian protective legislation in light of gender neutral regulations and proposes changes to ensure equal protection for all genders under law, rather than prioritizing one over another. II.
GENDER-NEUTRAL LAWS IN INDIA
India is a common-law country with numerous ethnic and religious groupings, and a centuries-long history. With the democratic concept of equality, India's constitution has been viewed as a key component of social development. India's ongoing political liberties are uncommon among emerging countries worldwide; but, given socioeconomic changes, the area continues to experience tremendous hardship, religious and social class-related cruelty, separatism, and other societal biases. Women in the country are protected by many legislation, and they have the ability to submit complaints against anybody who violates their rights. Despite the fact that men and women have equal basic rights, men's rights are not enunciated as clearly as women's. Part 3 of the Indian Constitution states that men have basic rights across India, regardless of religion, colour, gender, or place of birth.
Most of these rights ensure men's liberties, allowing them to live free of pressure and harassment. 13 Gender neutrality is a crucial requirement in rape legislation since women have historically been deemed the victim, possibly due to patriarchy in Indian society. Even with the emergence of female empowerment and feminism, the notion of gender neutrality legislation remained stifled. Most of the sections of the IPC that deal with crimes against women refer to males alone as criminals. It is true that males were the only perpetrators from the Tukaram case to the Nirbhaya case, however the Central Government should embrace the JS Verma committee's recommendations for making several legislation gender-neutral, which was also rejected. 14 172nd Law Commission Report The commission advocated changing the definition of rape to make it gender-neutral.
This was the first time in India that a sexual offense was treated in such a broad and comprehensive way. Aside from that, adjustments were requested in sections 376, 376A, and 376D. The study proposed removing Section 377 of the IPC, which was later rejected in the 172nd Law Commission study in 2000. Experts have proposed gender-neutral legislation for over two decades. However, the legislature has not fully approved the notion. 15 The Criminal laws (Amendment) Bill, 2012 The measure was based on recommendations from bodies, notably the 172nd Law Commission Report, to make sexual assault gender-neutral. The Bill suggested revisions to the IPC of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872. The modifications aligned with the 172nd Law Commission report and added sections 326A and 326B to the IPC, making acid attack a distinct offense.
The bill was tabled in Lok Sabha on December 4, 2012, twelve years after the commission's proposal. 16
13 Beyond the Binary
Rethinking Gender Neutrality in Indian Rape Law, https://www.cambridge.org/core/journals/asian-journal-of-comparative-law/article/beyond-the-binaryrethinking-gender-neutrality-in-indian-rape-law/9BC983FB009B7BBDEB78CED0BC5144C0/core-reader 14 Justice Verma Committee Report Summary | PRSIndia, https://www.prsindia.org/report-summaries/justiceverma-committee-report-summary
15 6 Flavia Agnes, Law, Ideology and Female Sexuality: Gender Neutrality in Rape Law, ECONOMIC AND
POLITICAL WEEKLY, http://www.jstor.org/stable/4411809.
16 The Criminal Law (Amendment) Bill, 2012, PRS INDIA https://prsindia.org.billtrack
Legislative approach Legislative bodies in constitutional countries aim to enact laws that benefit society. Every legislation has an influence on citizens' rights, both individually and collectively, and is often controversial once passed. No law can persist indefinitely until it has been adjusted. A robust piece of law can withstand changes and stand the test of time. If a legislation has to be revised repeatedly, it is deemed weak. Following independence, amendments were implemented regarding sexual offenses, such as extending the meaning of rape, introducing harassment and voyeurism sanctions, and implementing a clause that safeguarded children from sexual abuse. However, these improvements have resulted in a decline of human beings. The Indian government hasn't been overly aggressive in introducing crimes. Since independence, there have been laws governing sexual offenses.
17 Amendment of 1983 was a reaction to the Mathura Case18, Amendment of 2013 was the reaction to Nirbhaya Case19, and Amendment of 2018 is the reaction to the Asifa Bano case. 20 III.
EXISTING GENDER BIAS AND GENDER –NEUTRAL LAWS IN INDIA
Following the enactment of the the Criminal Law (The amendment) Act, 2013, some activities are now considered offenses and dealt with under relevant statutes. New offenses such as sexual harassment, acid attack, voyeurism, and harassment have been added to the Indian Penal Code. In February 2018, the Supreme Court of India denied a PIL demanding gender-neutral rules in crimes like as harassment, rape, and stalking. Deepak Mishra, Chief Justice of the Supreme Court of India, stated that these provisions cannot be amended since they are victim-oriented, and the Indian parliament has accepted women as victims. Crime refers to immoral and malicious behaviours that inflict serious harm or injury to another person. Some particular offenses against women have been designated as "Crime towards Women".
17 Gender neutral legislative drafting in India, https://zenodo.org/
18 Tuka Ram And Anr v State Of Maharashtra, A.I.R. 1979 185.
19 Mukesh & Anr v State For Nct Of Delhi, (2017) 6 SCC 1.
20 Asifa Bano v. Ut Of J&K And Others, (2022) WP(C) No. 165/2022
These are essentially divided into two categories: Constitution Provisions for Women: The Indian Constitution prioritizes equal rights for women and their empowerment in society to prevent discrimination. The Indian Constitution not only guarantees women's equality, but it also authorizes the state to use positive discrimination measures in their favor in order to offset the accumulated socioeconomic, educational, and political disadvantages they suffer. Articles 14, 15, 15(3), 16, 39(a), 39(b), 39(c), and 42 of the Constitution are particularly relevant in this context. 21 Constitutional Privileges – a. Equality before law for women (Article 14)22 b. The State to make any special provision in favour of women and children (Article 15 (3) c.
The State to direct its policy towards securing for men and women equally the right to an adequate means of livelihood (Article 39(a); and equal pay for equal work for both men and women (Article 39) (d). d. The State to make provision for securing just and humane conditions of work and for maternity relief (Article 42). e. To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women (Article 51(A) (e). f. Not less than one-third of the total number of seats to be filled by direct election in every Panchayat to be reserved for women and such seats to be allotted by rotation to different constituencies in a Panchayat (Article 243 D(3) g. Not less than one- third of the total number of offices of Chairpersons in the Panchayats at each level to be reserved for women (Article 243 D (4)
21 Durga Das Basu, Commentary on the Constitution of India, (2007), Vol-I, p.986
22 Dr. H.G. Kulkarni, “Erratic Dimensions of Law” Vol
118, Cri LJ, January (2012), p. 29. h. Not less than one-third of the total number of seats to be filled by direct election in every Municipality to be reserved for women and such seats to be allotted by rotation to different constituencies in a Municipality (Article 243 T (3) i. Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may by law provide (Article 243 T (4)23 Legislative provisions for the Protection of Women: The Center and State Legislatures have created particular laws and rules to protect women's dignity. The Indian Penal Code of 1860 defines wrongful acts against women as follows: a. Rape (Sec. 376 IPC) b. Attempt to commit Rape (Sec 376/511 IPC) c. Kidnapping & Abduction of Women (Section 36311, 364, 364A, 365, 366 to 369 (IPC)24 d.
Dowry Deaths (Section 304B IPC) e. Assault on Woman with Intent to Outrage Her Modesty (Sec. 354 IPC) f. Insult to the Modesty of women (Sec. 509 IPC)25 g. Cruelty by husband or his relatives (Sec. 498A IPC)26 h. Importation of Girl from Foreign Country (up to 21 years of age) (Sec. 366 B IPC) i. Abetment of Suicide of Women (Sec. 306 IPC)27
23 Law Lexicon, Vol. I (A-K) 2003, p. 470.
24 Ratanlal and Dhirajlal, The Indian Penal Code, (2006), p.919
25 Dr. ParthaPartimMitra, “ A new look on matrimonial cruelty with criminal law”, Indian Bar Review, Vol XL(1) 2013,p.87 26 LalsaMohini, “Legitimacy of Section 498A Of Indian Penal Code” Cri. LJ, Vol-117, April(2011), p.127, 27 5 Kiran Singh, “Protection of‘Innocent Victims’ Of Matrimonial “ Cri. LJ, Vol:116, September(2012), p.243.
The Nirbhaya (Fearless) event on December 16, 2012, prompted the Government of India (GOI) to prioritize violence against women in political discourse, following widespread indignation over the fatal Delhi gang-rape. Consequently, on December 22, 2012, the Government of India appointed a three-member judicial Justice J.S. Verma, former Chief Justice of India, heads the committee. On January 23, 2013, the panel identified poor governance as the root cause of violence against women, in response to widespread public demonstrations and an homage to Nirbhaya (Fearless). On February 3, 2013, the Honorable President of India, Mr. Pranab Mukherjee, adopted and signed an anti-rape Ordinance based on some of the recommendations in the Justice Verma Committee (JVC) report. The Criminal Law (Amendment) Bill, 2013, was enacted in Parliament.28 IV.
MISUSE OF LEGAL PROVISIONS BY WOMEN
Marriage is a fundamental social and legal institution. New notions such as live-in partnerships and homosexual and lesbian marriages have challenged the traditional definition of marriage. Matrimonial offenses are on the rise in our country. At the same time, some people are mistakenly implicated in these circumstances. They are accused, yet they are 'innocent victims' of marital crimes. Because they must stand trial even if they are not guilty. They simply feel guilty since they are husband's relatives. The prevalence of false inference in dowry cases is worrying. 29 In Shushil Kumar Sharma Vs. Union of India30, the Supreme Court noted that abuse of the clause might lead to a new form of legal terrorism. In 2005, the Honorable Apex Court issued this comment. The concern is whether a legal provision has become associated with a bad notion, such as terrorism.
The subject is debatable and requires a thorough analysis of current socio-legal perspectives. Law's ultimate goal is to protect its citizens and secure justice. If a 'piece of law' becomes a'symbol of horror' for the subjects, it is a terrible scenario. To label a scenario as New Legal Terrorism, there must be compelling evidence. Terrorism has no face, caste, creed, 28 Partha Pratim Mitra, “A New Look on Matrimonial Cruelty within Criminal Law”, Indian Bar Review, Vol. XL (1), 2013, p. 87.
29 Kiran Singh, “Protection of‘Innocent Victims’ Of Matrimonial “Cri. LJ, Vol
116, September (2012), p.243.
30 AIR 2005 SC 2394
religion, geographical bounds, or stated aims. It exists everywhere, including temples, churches, mosques, and gurudwara sahib. Certainly, it is a battle against mankind. What is terrorism? Cases of false implications Dowry-related matters have progressed to the point that practically every married man and his family are terrified of them. The Protection of Women from Domestic Violence Act of 2005 has given unscrupulous litigants another devastating tool to use. The Hon'ble Apex Court's observation that "a large number of these complaints have not only flooded the courts but also led to enormous social unrest affecting peace, harmony and happiness of the society"31 indicates that these provisions are causing extreme fear in the society, possibly resulting in New-Legal Terrorism.
A move to gender-neutral or gender-specific offenses: The regulations are designed to provide justice to its residents; but, what happens if the law itself is biased? Here are several gender-biased Indian legislation that have sparked numerous controversies: i. Laws governing sexual harassment and rape to report rape, a woman can simply submit a first information report with the police. The individual will be detained instantly, with no evidence or inquiry. This has become a weapon for cheap women to ruin a man's life and family's reputation in only two minutes. This adjustment was made in 2013. 32 ii. The Domestic Violence Act of 2005 along with associated measures are considered "legal terrorism" by the Supreme Court of India, making them the most stringent laws ever enacted.
If a woman files a first information complaint with the police charging her husband and family of domestic abuse under the Domestic abuse Act and s. 498A, I. P. C. , these individuals are definitely judged guilty. It would be their responsibility to establish their innocence or else rot in jail. In most cases, arrests were made prior to the inquiry. However, the Supreme Court observed the misuse and adopted a remedial action subsequently, requiring arrests to be done only with the magistrate's permission. 33
31 Preeti Gupta Vs. State of Jharkand, AIR 2010 SC 3363
32 ShobhaSaxena, Crime against Women and Protective Laws, (2004), p.359
33 Hemant Kumar, “Legal Terrorism”, Lawyer’s update, October (2010), p.11.
iii. According to s. 304-B, I. P. C. , if a woman dies unnaturally within 7 years of marriage, her husband may face a criminal prosecution. If the inquiry uncovers evidence that she was subjected to abuse and torture for dowry by him or his kin, her death will be termed dowry murder. The husband and family will face a seven-year jail sentence. 34 What can be Changed? Legislation ought to protect women's safety and security, as well as men's human rights. This article addresses the issue of gender-biased legislation being utilized by women in India, and calls for change. Some of the fundamental adjustments and revisions that our present laws require include gender neutrality in crimes like as stalking, rape, harassment, and dowry. The word victim under these regulations should refer to both men and women, rather not simply women, as it currently does.
The Nirbhaya Act should protect men and women equally. The Supreme Court of India can review the PILs of victims and take appropriate action. Women must be sentenced to the same amount of time in jail if they are found guilty of making a false claim or lying. As the news spreads, the number of bogus instances will undoubtedly decrease. The study predicts an 80% drop in bogus case filings within a year. The Indian judiciary should send a message to society that laws and provisions are there to safeguard women and should not be abused. Courts should use articles 14 and 21 to ensure equal rights for men. Article 14 promotes equality before the law as well as equal protection under the law. Article 15 prohibits any kind of discrimination based on region, race, caste, gender, or place of birth. Article 21 advocates for everyone's personal autonomy to live their lives.
Keeping these sections of the constitution in mind, Indian courts must take appropriate efforts to safeguard males against false charges. Promotion of gender-neutral laws in India and National Men’s Commission are the need of the hour for the Indian society to be just and unbiased. 35 V.
CONCLUSION
AND SUGGESTIONS In the words of Roscoe Pound, "the law should be steady yet it should not halt." The legislation should be dynamic and reflect equitable and balanced norms. To improve the
34 91st Law Commission Report, 10thAugust, 1983.
35 Nishant Kumar, Misuse of Anti-Dowry Laws to Blackmail Husband, Independent Media Centre India, (2006), p. 6 situation for women, it's important to change the one-sided focus of criminal regulations. This doesn't imply ignoring victims from other networks. Many developed and developing countries have achieved sexual equality. It is now time for Indian authorities to assess if explicit orientation restrictions promote orientation division rather than equality. The right to be free from sexual assaults is fundamental, and the term 'person' encompasses all people, regardless of orientation. Abuse against women in our country has been fought for decades, and it has sparked enormous rallies around the country. The prevalence of terrible crimes highlights the importance of having strict laws to punish males and promote women's rights.
The issue remains: have these laws effectively reduced such crimes, and have the perpetrators been held accountable? Activists and groups have attempted to emphasize the problems of males who have been persecuted despite pro-women policies. This brings in the necessity of framing Gender neutral laws. Men should have the equal access to come into the open just like women and not be judged for their manhood for reporting crimes against them. The judiciary requires the legislature to reform or repeal laws that are misused or abused. The Dowry Prohibition Act punishes both giving and taking, yet no one has been prosecuted for providing dowry. Misuse of anti-dowry legislation might result in legal terrorism, according to the Malimath Committee report. Reports of egregious abuse of dowryrelated IPC provisions have been made.
The dowry prohibition act, like any other legislation, can be abused and misapplied. 36 In light of this, the author seeks to present the following suggestions:
1. It is recommended to use neutral wording, such as "any individual" or "any companion"
instead of "any man and lady" or "a couple separately." The concept of balance outlined in the Constitution should be applied to both perpetrators and victims individually. The definition of assault is intended to be broadened; for example, recognition should be given to both gay assault and conjugal assault. In cases of abetment and violence, the lady should also be asked to accept responsibility. Regulations such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 and the Protection of Women from Domestic Violence Act 2005 should include male and transsexual victims,
36 Ramesh, “Cruelty as Compoundable Offence
A Critique”, 2001, Cr. L. J. (Journal), Vol. 117, 205. as well as perpetrators. Sexually unbiased regulations won't find any viable methodology except if the well-established male prevalence disappears from the general public 2. Sections 354C and 354D of the Criminal Law (Amendment) Act, 2013 added genderspecific penalties for voyeurism and stalking, while acid attacks remained gender-neutral. Recognizing some offenses as gender neutral and others as gender specific, making only the male accountable, was argued to be illogical because the identical acts can be committed by women as well. The legislator must keep in mind that safeguarding one class of society does not imply punishing or failing to protect the other. The Justice Verma report suggested using the phrase "whoever" to refer to perpetrators, but this was not implemented.
As a result, women who are capable of committing the same conduct are given a free pass, which is unjustifiable and unlawful.
3. Section 125 of the Crpc is intended to protect women who cannot sustain themselves,
however it is often exploited by unscrupulous women. In certain circumstances, wives intentionally hide their employment status in court in order to obtain maintenance from their husbands. Innocent husbands should not be saddled with a bogus trial. Many women marry and then file fake charges against their husbands, demanding large sums of money in order to settle the cases. We suggest a law to protect spouses from abusive wives who misuse the law and harass them.
4. To address rape reform, the Verma Committee's suggestions for gender neutrality in rape
and sexual assault should be re-evaluated and implemented as law. To encourage men to report rape, it is necessary to make it legal. By including men in the definition of rape, they will understand that such a heinous crime can be committed against them by anyone, regardless of gender, and that they will experience the same pain and agony. By discouraging males from committing such acts, we can reduce the prevalence of this offense.
5. To end India's legal terrorism, the phrase "husband/wife" should be replaced with "spouse"
in all marriage-related laws and policies, as is done globally, rather than assuming that wives born in the Raja Harish Chandra family never lie and husbands born in criminal families do. Crime is crime; punishment should be consistent across gender, religion, and caste. The Domestic Violence Act of 2005 and Section 498A of the Indian Penal Code should use the term "husband" instead of "wife." Modify all the acts by reversing the gender.