The Bharatiya Nyaya Sanhita (BNS), 2023, while intended as a progressive overhaul of India’s criminal law, does not achieve comprehensive gender neutrality, particularly in the context of sexual offences. Although the BNS introduces gender-neutral language in some provisions—such as replacing "minor girl" with "child" to cover both boys and girls for certain offences of procurement and trafficking—the core provisions related to rape and sexual assault remain gender-specific, recognizing only women as victims and men as perpetrators. This approach fails to protect men and transgender persons from sexual offences, perpetuating a gender-biased legal framework and overlooking the realities faced by male and non-binary survivors. Legal scholars and commentators have criticized the BNS for missing the opportunity to create truly inclusive, gender-neutral laws that would ensure justice and support for all individuals, regardless of gender identity.
The Bharatiya Nyaya Sanhita (BNS), India's new criminal law, introduces significant reforms to address gender neutrality. By replacing outdated provisions from the Indian Penal Code (IPC), the BNS aims to create a more inclusive legal framework.
Key Reforms in the BNS:-
The BNS defines "gender" using the pronoun "he" to refer to any person, regardless of gender identity, aligning with the Transgender Persons (Protection of Rights) Act, 2019.
Gender-Neutral Language: It replaces gender-specific terms like "man" and "woman" with "person" in many provisions, promoting inclusivity.
Expanded Protections: Laws against sexual offences now apply to all genders, allowing men and transgender individuals to report crimes and seek justice.
Revised Sexual Offence Clauses: Sections related to offences like voyeurism and stalking now use gender-neutral language for perpetrators, though victims are still often specified as women.
Child Protection: The term "minor girl" has been replaced with "child" to include both boys and girls under 18 in protections against sexual exploitation.
Transgender Inclusion: While the BNS includes transgender individuals in its definitions, some critics argue that certain provisions still lack full inclusivity for all genders.
Ongoing Challenges: Despite these advancements, some laws continue to use gendered language, indicating a need for further reform to achieve complete gender neutrality.
Now we can say that, the BNS takes significant steps towards gender neutrality in India's legal framework, though ongoing efforts are needed to ensure full inclusivity.
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