Gender Discriminatory Laws In India: A Critical Analysis

Abstract

Every society aspires to a criminal justice system that is fair, impartial, and transparent. Yet in India, disparities persist across lines of caste, class, and particularly gender. Sexism is not a new phenomenon; it is deeply rooted in stereotypes, patriarchal norms, and rigidly defined gender roles. While Indian laws have historically sought to protect women from violence and exploitation, they have simultaneously created blind spots in addressing male victimization. For instance, sexual offences under the Indian Penal Code are defined as crimes committed only against women, leaving men without remedies despite increasing reports of abuse against them. Similarly, provisions such as Section 498A IPC and the Protection of Women from Domestic Violence Act, though enacted with noble intentions, have often been misused, creating what some jurists describe as “legal terrorism.”

This paper critically analyzes gender-discriminatory laws in India by examining penal statutes, workplace harassment laws, and domestic violence provisions. It also highlights the disparity in sentencing practices where men are often punished more harshly for the same offences. By situating these issues within broader debates on equality, justice, and constitutional rights, the paper argues for the urgent need to reform laws through a gender-neutral lens. True justice requires acknowledging that crime is not gender-exclusive, and that victims and perpetrators can be men, women, or persons of any gender identity.