Gender Justice and Bhartiya Nyaya Sanhita
The term “Gender Justice” refers to equality among all genders in the country. Initially, there was discrimination between males, females, and other genders, leading to bias in the country. This situation infringed upon the rights of the citizens and caused restlessness among the people. Inequality is a threat to the legal and constitutional rights of citizens. To address this issue, gender equality laws were introduced in Indian legislation. With the enactment of the Bhartiya Nyaya Sanhita, the issue of gender inequality has been recognized. The laws supporting gender justice are present in the Bhartiya Nyaya Sanhita. While the Indian Penal Code previously had laws that were feminist-centric and sometimes ignored the rights of males and other genders, the Bhartiya Nyaya Sanhita recognizes the rights of all genders. The goal of the Bhartiya Nyaya Sanhita is to promote gender justice.
Gender Neutral Laws
The proposed Bhartiya Nyaya Sanhita (BNS) is a comprehensive legal code intended to modernize and reform the criminal justice system in India. A key part of this reform is the shift towards gender-neutral legislation, with the goal of addressing crimes and legal issues in a fair and inclusive way for all genders.
Although the specific provisions of the BNS may change, here’s a general overview of the types of gender-neutral laws you might expect in this reformed legal framework:
1. Sexual Offenses ( Section 63 – 73 ) BNS
Rape and Sexual Assault: Definitions and provisions should not rely on gender-specific terminology. This will ensure that all victims, regardless of gender, are protected and that perpetrators are held accountable.
Sexual Harassment: Laws should address sexual harassment in a gender-neutral manner to ensure protection for all individuals in various settings, including workplaces and public spaces.
2. Domestic Violence ( Section 85 – 86 ) BNS
Protection Orders: Gender-neutral laws for issuing protection orders and providing support to victims of domestic violence, regardless of their gender.
Support Mechanisms: Provisions for legal and social support that apply equally to all victims of domestic violence.
3. Cyber Crimes ( Section 111) BNS
Online Harassment and Stalking: Gender-neutral laws addressing online harassment, stalking, and exploitation are applicable to all individuals, irrespective of gender.
Data Protection: Provisions related to the misuse of personal data and privacy breaches, inclusive of all genders.
4. Trafficking and Exploitation ( Section 143- 144 ) BNS
Human Trafficking: Gender-neutral definitions and penalties for trafficking in persons, focusing on the crime rather than the gender of the victim or perpetrator.
Exploitation: Laws addressing various forms of exploitation, including forced labor and sexual exploitation, without gender-specific biases.
5. Hate Crimes ( Section 153 C) BNS
Protection Against Violence: Gender-neutral provisions for protecting individuals from violence motivated by gender, sexual orientation, or gender identity.
Legal Remedies: Equitable legal remedies for victims of hate crimes, ensuring that all individuals can seek justice.
6. Crimes Against Minors ( Section 96 – 99 ) BNS
Child Protection: Gender-neutral laws regarding crimes against minors, including sexual abuse and exploitation, ensure protection and justice for all children regardless of gender.
Child Welfare: Provisions related to the welfare and rights of children, applicable to all minors.
7. Assault and Battery ( Section 74 ) BNS
General Assault Laws: Gender-neutral definitions and penalties for assault and battery, ensuring that the gender of the victim or perpetrator does not influence the legal treatment of such crimes.
8. Public Order Crimes ( Sectio 189 – 197 ) BNS
Disorderly Conduct: Laws regarding public order offenses, such as disorderly conduct and rioting, that apply equally to all individuals without gender bias.
Public Safety: Provisions for maintaining public safety and order that are inclusive and non-discriminatory.
Conclusion
The legislation has made notable changes to address a specific crime, aiming to enhance gender equality. These amendments have had a positive impact on promoting gender equality within the country. The dedicated efforts to achieve this goal have been remarkably successful. Consequently, the identified gaps in the Indian Penal Code (IPC) have been effectively resolved and rectified under the BNS (name of legislation or policy).
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
