Gender neutrality in sexual assault: changing trends in criminal law in India

Sumita B. Ade
Ph.D. Researcher,
P.G. Teaching Department of Law, RTMNU, Nagpur

Dr. M. B Jameel
Research Guide,
RTMNU, Nagpur.


Abstract

It is the need of hour that laws be more gender neutral. To bring equality and to protect the rights of the people of third sex gender and homosexuals neutral laws are imperative. These days a regular conflict can be easily seen in the mode of the men’s rights movement in India. It is the outcome of high rate of manipulation and exploitation of female oriented laws. These incidents are clear evident for the conflict theory of sociology and of Karl Marx. Due to absence of proper legislation on male rape laws and less risk factor in comparison to the involvement of girls into it the demand is high. As social stigma and fear of pregnancy is less it is easily carried out. Sexual assault and can be done of a female as well as male. Studies conducted mostly in developed countries indicate that 5-10% of men report a history of childhood sexual abuse, 3.6% in Namibia and 13.4% in the United Republic of Tanzania to 20% in Peru. The evidence available suggests that males may be even less likely than female victims to report an assault to the authorities.

Keywords: Gender neutrality, HIV / AIDS, Unnatural Sex, The criminal law (amendment) Bill, 2012, Law Commission, Indian Penal Code 1860.

Preferred Citation

Sumita B. Ade and Dr. M. B Jameel, Gender neutrality in sexual assault: changing trends in criminal law in India, The Lex-Warrier: Online Law Journal (2018) 7, pp. 307 – 315, ISSN (O): 2319-8338

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