Towards Gender-Neutral Laws - Addressing Biases In The Indian Legal Framework

Author: LawSphereX

Category: International Law

Published: 2026-08-23T21:34:53.916731+00:00

Updated: 2026-08-26T17:05:16.005+00:00

TOWARDS GENDER-NEUTRAL LAWS: ADDRESSING

BIASES IN THE INDIAN LEGAL FRAMEWORK

Mohammad Afzaal Rashid, B.A Politics and Governance, Centre for Federal Studies, Public Policies and Governance, Jamia Hamdard, New Delhi

ABSTRACT

This research article shows the evolving discourse surrounding genderspecific laws in India, focusing on their implications, misuse, and the need for reform. Indian laws, such as Section 498A of the Indian Penal Code (IPC) and the Domestic Violence Act, have been lauded for providing protections to women against domestic abuse and violence. However, the study observes the growing concerns over the misuse of these laws, particularly through case studies highlighting false allegations, such as in the Sejalben Tejasbhai Chovatiya vs. State of Gujarat case, and the Arnesh Kumar vs. State of Bihar case. These instances underscore the need to critically evaluate the effectiveness of these laws, as they disproportionately affect one gender, with little protection for men facing false accusations.

Through statistical analysis, including findings from surveys and court cases, the research shows that while the intention of these laws is to protect vulnerable individuals, their current gender-biased framework often leads to injustice, resulting in harm to men as well as women. The report suggests the urgent necessity for gender-neutral laws that would ensure equal treatment for all individuals, regardless of gender, and curb the growing misuse of existing laws. The article advocates for legal reforms that include stricter scrutiny of complaints, penalties for filing false cases, and promoting gender-neutrality in the legal framework. Additionally, it calls for societal change through awareness campaigns and education to dismantle ingrained stereotypes that view men always as a perpetrator.

By implementing such reforms, India could create a more inclusive, fair, and just legal system, ensuring that the rights and dignity of all genders are protected and upheld.

Introduction: In India, the judiciary is an independent body, entrusted with the responsibility of delivering justice impartially, irrespective of an individual’s background. However, the idea of equal justice often encounters challenges when certain laws, by design, are gender-specific and benefit one gender over the other. This imbalance arises from deeply engrained stereotypes, such as the assumption that men are always the stronger gender and, therefore, can only be perpetrators and never victims. Such biases create a flawed legal framework that often disregards the realities of a diverse and evolving society. For instance, Section 354 of the Indian Penal Code (IPC) addresses the "outraging of a woman’s modesty.

" While it rightly protects women from assault or the use of criminal force with intent to outrage their modesty, it does not account for similar violations experienced by men or transgender individuals. Similarly, Section 354C IPC (Voyeurism) criminalizes the act of watching or capturing images of a woman engaging in private acts without her consent but excludes other genders from its domain. Likewise, Section 354D IPC (Stalking) penalizes stalking only when the victim is a woman, leaving men and transgender individuals unprotected under similar circumstances. The gender specificity of these provisions is further apparent in Section 498A IPC, which deals with cruelty by a husband or his relatives towards a wife, often linked to dowry demands.

While this section was introduced to address the legitimate and serious issue of dowry harassment, its framework assumes that only men can be perpetrators, ignoring instances where women might be the aggressors. As a result, men accused under such provisions often face societal stigma, prolonged legal battles, and in some tragic cases, resort to suicide due to the perceived injustice.

A striking example is Section 366 IPC, which criminalizes kidnapping or abduction of a

woman with the intent to compel her into marriage or illicit intercourse. The law, however, does not provide any recourse if a man is similarly abducted and coerced. This raises critical questions: What happens when a man becomes the victim? Shouldn’t he also have access to justice? The current framework not only excludes men but also fails to consider the experiences of transgender individuals, leaving significant gaps in legal protection.1 1 Kakoli Nath, Gender biased laws in India: Why are only women considered victims?, Finology Blog (Sept. 27, 2022), https://blog.finology.in/Legal-news/gender-biased-laws.

While there are laws that men can use in certain situations, such as those against defamation or general provisions of assault, these are not gender-specific and lack the tailored protection offered to women under various IPC sections. The gender-specific nature of these laws was initially necessary to address systemic oppression and violence against women. However, as society evolves and becomes more inclusive, the legal framework must adapt to reflect these changes. The need for reform is must. As cases of misuse of laws and oppression against men rise, it becomes authoritative to move towards a more equitable legal system. The call for gender-neutral laws is not to undermine the struggles faced by women but to acknowledge that justice must be accessible to all, regardless of gender.

Such reforms would not only prevent the misuse of legal provisions but also adoptive a more balanced and fair judicial system in India. The Problem of Gender-Specific Laws (a) Statistical Evidence of Gender Bias and the Rise of False Cases As discussed earlier, the existence of gender-biased laws in India has given rise to significant problems, particularly in the form of false cases and societal complications. While the percentage of such instances may appear small in some areas, it is never zero. This means that, in reality, a man or two are often involved in false accusations or unfair legal battles due to the gender-specific nature of certain provisions. Take, for instance, Section 354 of the Indian Penal Code (IPC), which criminalizes the outraging of a woman’s modesty.

While this law is important for safeguarding women, it inherently assumes that men are the only potential perpetrators. Similarly, Section 354C IPC (Voyeurism) and Section 354D IPC (Stalking) also focus exclusively on protecting women from these crimes, leaving men and transgender individuals without legal recourse should they find themselves in similar situations. Moreover, Section 498A IPC, which deals with cruelty by a husband or his relatives, is a prime example of a law that has become misused. The law, which was designed to protect women from dowry-related abuse, has seen a growing number of false accusations against men. According to official reports, between 2011 and 2013, over 31,000 cases under Section 498A were found to be false or based on mistaken facts, with the number of such cases increasing steadily each year.

This misuse of laws does not only affect the accused man but often results

in irreparable damage to his reputation, career, and personal life, as well as that of his family. 2 Even more striking are cases of false sexual harassment claims, particularly under the Sexual Harassment of Women at the Workplace Act, 2013. The very term "sexual harassment" in India is often assumed to be gender-specific where the victim is a woman and the perpetrator is a man. Yet, men too experience sexual harassment at their workplaces, but there is no legal framework to protect them. A recent Economic Times-Synovate survey highlights the issue of sexual harassment against men in the workplace, revealing disturbing statistics. The survey included a total of 527 respondents across seven major Indian cities: Bangalore, Chennai, Delhi, Hyderabad, Kolkata, Mumbai, and Pune.

The findings showed that 19% of male respondents across all cities reported experiencing some form of sexual harassment at their workplaces. This percentage highlights that sexual harassment is not confined to women alone, but affects men as well, yet remains largely unaddressed by the existing legal framework. A deeper look into the responses from specific cities shows an even more alarming trend:

In Bangalore, a staggering 51% of male respondents reported having been sexually harassed at work, underscoring the high prevalence of such issues in the city. • In Delhi, 31% of male respondents claimed to have faced sexual harassment, indicating that this problem is not limited to any one region, but is widespread across the country. • Hyderabad also recorded 28% of male respondents who reported incidents of workplace harassment, further emphasizing the magnitude of the issue. 3 These statistics demonstrate that sexual harassment in the workplace is a significant problem affecting both men and women, and the existing laws, which predominantly focus on protecting women, fail to account for the experiences of men in these situations.

The survey results suggest that a larger portion of the male workforce is subjected to harassment than previously 2 Christin Mathew Philip, Steady increase in number of women filing false cases against husbands, Times of India (Mar. 22, 2015), https://timesofindia. indiatimes. com/india/steady-increase-in-number-of-women-filingfalse-cases-against-husbands/articleshow/46452475. cms.

3 Kritika Kapoor, Men too are victims of sexual harassment, Times of India (Dec. 21, 2012),

https://timesofindia.indiatimes.com/life-style/relationships/love-sex/men-too-are-victims-of-sexualharassment/articleshow/16336627.cms.

acknowledged, However, due to societal ridicule and fear of not being believed, most of these cases go unreported. The pervasive belief that men cannot be victims of sexual harassment perpetuates this silence. Even in the rare cases when these issues come to light, they often lack legal backing, and the victim faces public skepticism. Furthermore, courts have noted the growing trend of false sexual harassment cases, with the Delhi High Court recently expressing concern over the misuse of such allegations "This Court is pained to note that there is an alarming increase of cases under Section 354, 354A, 354B, 354C & 354D only to arm-twist the accused and... ". 4 This situation not only undermines the seriousness of genuine harassment claims but also erodes the credibility of the law. In addition to these, a staggering 53.

2% of rape cases filed between April 2013 and July 2014 were found to be false, according to reports by the Delhi Commission for Women (DCW). 5 A similar pattern is evident in Section 498A, which has seen an increase in false claims, with over 10,000 false cases reported each year between 2011 and 2013. 6 This trend has left many men trapped in long, painful legal processes, with their lives and families being destroyed by a single false accusation. The implications of these false, gender-biased laws extend far beyond the courtroom. A man who is falsely accused faces not only legal challenges but also a profound impact on his mental health, career, and personal relationships. In many cases, the consequences are so severe that they drive individuals to extreme measures, including suicide, unable to bear the societal and legal pressure.

Thus, the problem is not simply a matter of legal injustice; it is a deep societal issue where the misuse of gender-biased laws leads to systemic harm. Given the increasing number of false cases and the negative consequences for those wrongly accused, the question arises: Why not make these laws gender-neutral? This shift would ensure fairness for all individuals, regardless of gender, and prevent the exploitation of laws intended to protect vulnerable groups. Gender- 4 Nupur Thapliyal, 'Filed Only to Arm Twist Accused': Delhi High Court Expresses Concern Over Alarming Increase In False Sexual Harassment Cases, Live Law (Feb. 14, 2022), https://www. livelaw. in/newsupdates/delhi-high-court-false-sexual-harassment-cases-misuse-of-law-191946. 5 IndiaToday. in, 53. 2 per cent rape cases filed between April 2013-July 2014 false, says DCW, India Today (Dec. 29, 2014), https://www. indiatoday.

in/india/north/story/false-rape-cases-in-delhi-delhi-commission-ofwomen-233222-2014-12-29.

6 Livelaw News Network, False 498A Cases are on the rise, Live Law (Apr. 3, 2015),

https://www.livelaw.in/false-498a-cases-are-on-the-rise/.

neutral laws would also ensure that men who are victims of crimes like sexual harassment, stalking, or cruelty have the same legal protections as women. (b) Case Studies Related to the Misuse of Women-Centric Laws:

1. Sejalben Tejasbhai Chovatiya vs. State of Gujarat

In this case, the petitioner (the wife) claimed that she had no source of income, despite the fact that she was receiving a substantial amount from a fixed deposit receipt. The court noticed that she did not produce this evidence in her defense. The wife’s claim was seen as false, and the court found that women-centric laws are sometimes misused when false evidence is presented, which leads to unwarranted exploitation of the law. As a result, the wife’s petition was dismissed, and she was prosecuted under Section 195 read with Section 340 of the Criminal Procedure Code (CrPC) for submitting false evidence. This case underscores the risk of laws that disproportionately favor one gender, without enough scrutiny of the evidence or claims made by the parties.

2. Arnesh Kumar vs. State of Bihar

In this case, Arnesh Kumar’s wife accused him and his family of dowry harassment, alleging that they demanded Rs. 8 lakhs in cash, a Maruti car, and an air conditioner. She also claimed that she was forced to leave her marital home if her dowry demands were not met. However, the accused family denied all the allegations. Despite this, the police arrested Arnesh Kumar without thoroughly investigating the claims. The Supreme Court intervened and ruled that the police must follow strict guidelines before making arrests, particularly in dowry-related cases where the punishment is less than seven years. The Court emphasized that arrests should be made only after a proper investigation and after reviewing the police report.

This ruling came as a relief for men’s rights activists, as it highlighted the misuse of laws meant to protect women from dowry harassment, and the potential harm these laws can cause when applied indiscriminately.

3. Vishnu Tiwari vs. State of UP

In this case, Vishnu Tiwari was convicted of rape in 2001, based solely on the allegations made by the woman. He was sentenced to prison for years until the case was revisited by the

Allahabad High Court. After 17 years of imprisonment, the High Court found the charges to be false and baseless, leading to his acquittal. This case illustrates the severe consequences of misused women-centric laws. It also highlights how a baseless accusation can ruin a person’s life, particularly when laws are not scrutinized thoroughly. In this case, the victim's false allegations not only wasted judicial resources but also caused irreparable harm to the accused.7

4. False Molestation Allegation in Delhi

In August 2015, a woman accused a man of molestation while he was riding his motorcycle at a traffic signal in West Delhi. The charges were filed under gender-specific sections of the Indian Penal Code (IPC), specifically Section 354A (Sexual harassment), Section 506 (Punishment for criminal intimidation) and Section 509 (Word, gesture, or act intended to insult the modesty of a woman), The incident received widespread media attention, with the accused being labeled as a "pervert" and "Delhi ka darinda." However, after a thorough investigation, the charges were found to be false, and the man was acquitted. This case underscores the severe consequences of false allegations, including public humiliation and legal battles, even when the accused is ultimately exonerated.8 Suggestions to Reform Existing Laws

1. Need for Gender-Neutral Laws

The analysis of case studies and statistical data makes it clear that existing gender-specific laws require reform. Gender-neutral laws would ensure inclusivity, treating every individual equally in the eyes of the law, irrespective of gender identity. This shift would address false allegations, discourage misuse, and promote a society where justice is equitable and unbiased. Importantly, such laws would not discredit or diminish protections for women but rather create a more inclusive framework where men and transgenders can also seek justice. Currently, India lacks a legal framework to prosecute women for sexual offenses against men. Indian laws addressing sexual harassment protect only women, while countries like the U. S. , 7 Purnima Gupta, Misuse of Women-Centric Laws in India: An Analysis, 5 Indian Journal of Law and Legal Research 4441- 4446 (2023).

8 Ananya Bhardwaj, Man labelled pervert and Delhi ka darinda acquitted in molestation case after 4 years, ThePrint (Oct. 25, 2019), https://theprint. in/india/man-labelled-pervert-delhi-ka-darinda-acquitted-molestationcase-after-4-years/311456/.

U.K., Australia, Denmark, Switzerland, and many others have adopted gender-neutral laws.9 Of the 48 Asian countries, only Bhutan, Kazakhstan, Kyrgyzstan, and South Korea have implemented such measures.10 It is time for India to join this global movement and create laws that reflect modern societal dynamics.

2. Mechanisms to Curb Misuse of Laws

1. Stricter Scrutiny of Complaints

An inclusive mechanism for evaluating complaints must be developed. Law enforcement agencies should be trained to conduct thorough investigations before taking action. Bureaucrats and executives must act reasonably, objectively, and logically to ensure that justice is upheld without bias or preconceived notions.

2. Penalties for Filing False Cases

To deter misuse, strong penalties must be imposed on individuals who file false cases. While there are concerns that this might discourage genuine victims from coming forward, this can be mitigated by implementing the penalties alongside strong investigative frameworks. A thorough and impartial process would ensure that false claims are identified without penalizing genuine complainants who may lack evidence. This measure would set a precedent, signaling that misuse of the law will not be tolerated.

3. Prominent Voices Supporting Gender-Neutral Laws

1. Karuna Nundy: A constitutional lawyer and feminist intellectual who advocates for equitable

treatment under the law.11

2. Deepika Bhardwaj: A men’s rights activist who has criticized the misuse of Section 498A,

stating that while the law was created with noble intentions, its misuse has led to severe 9 Karan Arora, Why India Inc. needs to protect Men against Sexual Harassment at Workplaces in India- case for gender neutral policies, ungender (Nov. 18, 2019), https://www.ungender.in/why-india-inc-needs-to-protectmen-against-sexual-harassment-at-workplaces-in-india-case-for-gender-neutral-policies/.

10 Sonakshi Awasthi, Is India ready for gender-neutral laws?, The Indian Express (Oct. 18, 2017),

https://indianexpress.com/article/india/is-india-ready-for-gender-neutral-laws-4895122/.

11 Ibid.

consequences, including loss of lives.12

3. Dr. Edmond Fernandes: An international health expert who has called for urgent reforms to

prevent the abuse of women-favored laws.13

4. Awareness Campaigns and Education

Promoting education and awareness about societal biases is essential to changing the narrative that men cannot be victims or harassed. Stereotypes that label men exclusively as perpetrators must be addressed through societal education, media outreach, and sensitization programs.

12 Deepika Bhardwaj: The woman who fights for men's rights, BBC (Jan. 20, 2017),

https://www.bbc.com/news/world-asia-india-38647822. 13 Dr. Edmond Fernandes, How gender favored laws are abused in India today, Dr. Edmond Fernandes (Jan. 19, 2022), https://www.edmond.in/opinions/how-gender-favored-laws-are-abused-in-india-today/.