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GENDER NEUTRALITY: ITS ROLE AND IMPACT IN SOCIETY

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 62 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

GENDER NEUTRALITY: ITS ROLE AND IMPACT IN SOCIETY

Dr. Sushma Singh1, Deepanjali2

Abstract
India is a secular nation which have inculcated democracy, secularism, liberty towards its citizens.
One of the most crucial elements which India as a nation focus is equality. Equality towards the
laws, rights, duties to everyone. No discrimination is done on the basis of gender, race, caste, creed.
Gender neutrality talks about how we treat all the gender in a neutral and unbiased way. Gender
neutrality is not based upon men and women, but the status quo is being unbiased towards any
gender. Being gender specific or sensitive is not the intention but to treat the genders in a neutral and
equal way. Equality means where equal opportunity is given to all like if a man can lift 300kgs in
weightlifting than a woman can also lift that much weight. Gender neutrality will come or develop
when we will not think gender specific. To prevent discrimination arising from the perception that
there are social roles for which one gender is better suited than another, gender neutrality refers to
the idea that policies, language, and other social institutions should avoid making distinctions
between roles according to people's sex or gender. Gender neutrality stresses the non-discriminatory
equitable treatment of men and women in society, the economy, and the law. Under this article,
researcher wants to focus upon the factor where gender neutrality suffers with specific to sexual
offences and other related offences and their punishments.

Keywords: Legal- Justice- Gender Neutrality- Offences- Equality- Social

Introduction
Gender is a word which describes men and women, under the Indian Penal Code3 Gender is defined
as Men and Women or whether male or female. Men and Women are considered as two different
human body which have different composition of mental and physical appearance which is very
distinguishable from each other. Men and Women are being treated equally as per the Indian
Constitution under Article 14 it states that every citizen of India should be treated equally and given
equal protection of law. The state talks about prohibition of discrimination on the basis or grounds
of religion, gender, caste, race or place of birth.4 Any work which is to be done is being divided or
specified according to the gender of a human being like cooking is considered as a part of women’s
job, going out and working is considered as a part of men’s job but as the times changes and things
evolve people adopt new things and mentality like gender neutrality.
Gender Neutrality is something which talks about that anything should not be considered or
specified on the basis of gender but on the capability of the human being to be done like a woman
can also be a business’s women, a women can be a President of a country and similarly a man can be
a chef and can do other household a woman does. Gender Neutrality talks about how we treat all the
gender in a neutral and unbiased way. Gender neutrality is not based upon men and women, but the
status quo is being unbiased towards any gender. Being gender specific or sensitive is not the
intention but to treat the genders in a neutral and equal way. Equality means where equal opportunity
is given to everyone. Being Gender specific or sensitive is not the approach towards the welfare of
the society. Welfare of the society will be attained only if equally opportunity is given to everyone.
A crime is a wrong which is done to an individual, but which affects the society at large due
to the cause of action of the act done by the accused. A crime which is done against any individual
will be given justices for that criminal act which was done against that individual. In this research
paper the author focuses on the crime done against any individual with respect to their gender.

1
Associate Professor, Sharda School of Law, Sharda University, Greater Noida, UP
2
Research Scholar, Sharda School of Law, Sharda University, Greater Noida, UP
3
Section 8, Indian Penal Code, 1860
4
Article 15, Indian Constitution, 1950
 63 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

Although India is a secular country, unbiased country which treats everyone equally but done some
criminal acts especially sexual offences does not consider that neutrality but rather draft statutes
being gender specific or gender sensitive. Law which are framed for women are not like for men as
men cannot face or be a victim of those sexual offences for which a woman can easily be a victim.
Many debates have been done for crime against men which it is very difficult for a man to
prove that he has been raped or stalked or sexually harassed or a victim of domestic violence. The
difficulty in proving the crime against men is the mental intellect of the society which has not been
that much diverse which can see beyond those gender specific or sensitive mentally. The research
will focus on the laws which has to be amended on having a view of gender neutrality rather having
an approach of gender specific. Crime is a factor of society which can be done against any individual
or animal, and the society or judiciary must grant justice to the victim. According to Criminal
Procedure Code, 1973, victim is defined as a person who has suffered any loss or injury caused by
reason of the act or omission for which the accused person has been charged and the expression
victim includes his or her guardian or legal heir5, it indicates that any person can be a victim who has
suffered any injury so being gender specific or sensitive will not be justifiable under any offence.

Gender Neutral Law

Gender-neutral laws in India are laws that are designed to ensure equal treatment and protection
under the law for all individuals, regardless of their gender identity. These laws are aimed at
eliminating discrimination against people based on their gender and promoting gender equality.
Some examples of gender-neutral laws in India include:

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013: This law provides protection against sexual harassment at the workplace for all individuals,
regardless of their gender identity.6
2. The Protection of Women from Domestic Violence Act, 2005: This law provides protection to
victims of domestic violence, which can be perpetrated against individuals of any gender.7
3. The Indian Penal Code, 1860: The IPC includes provisions that criminalize sexual offences,
including rape, molestation, and sexual harassment. These provisions are applicable to all
individuals, regardless of their gender identity.
4. The Transgender Persons (Protection of Rights) Act, 2019: This law recognizes the rights of
transgender persons and prohibits discrimination against them. It also provides for the
establishment of welfare boards to address the social welfare needs of transgender persons.8

These laws aim to create a society that is free from discrimination and where all individuals have
equal rights and opportunities. However, there is still a long way to go in terms of achieving gender
equality in India, and efforts are ongoing to strengthen the legal framework for gender-neutral laws
and their effective implementation.
Gender-neutral laws in India refer to laws and policies that do not differentiate between individuals
based on their gender. These laws aim to provide equal rights and opportunities to all individuals,
regardless of their gender identity.
In recent years, there have been several efforts in India to introduce gender-neutral laws,
particularly in the areas of marriage, adoption, inheritance, and property rights. For example, the
Hindu Succession Act, which governs inheritance rights for Hindus, was amended in 2005 to provide
equal rights to daughters in ancestral property.

5
Section 2 (wa), Criminal Procedure Code, 1973
6
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
7
The Protection of Women from Domestic Violence Act, 2005.
8
The Transgender Persons (Protection of Rights) Act, 2019.
 64 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

Similarly, the Protection of Women from Domestic Violence Act, which was enacted in
2005, provides protection to all individuals, regardless of their gender, from domestic violence. The
act defines domestic violence broadly and includes physical, sexual, emotional, verbal, and economic
abuse.
In addition to these laws, there have also been efforts to promote gender-neutral language in
official documents and forms. For instance, the use of the term 'father' has been replaced with 'parent'
in several government forms. Despite these efforts, there is still a long way to go in achieving gender
equality in India. Gender-based discrimination and violence against women and LGBTQ+
individuals remain pervasive issues in the country.

Impact on Society
Gender neutrality refers to the idea of removing gender distinctions from society, and treating
individuals regardless of their gender. It means creating a society where individuals are not judged
by their gender, but rather by their skills, abilities, and accomplishments. Gender neutrality aims to
eliminate gender-based discrimination, promote gender equality, and create an inclusive environment
for everyone.
The concept of gender neutrality has gained momentum in recent years, with many people
advocating for a more inclusive society. One of the primary reasons for this push towards gender
neutrality is the recognition of the unequal treatment that individuals experience based on their
gender. In many societies, gender-based discrimination is rampant, and gender stereotypes are deeply
entrenched.
The impact of gender neutrality on society is multifaceted. At its core, gender neutrality aims
to create a society that is fair and equitable for everyone, regardless of their gender. This means that
people can pursue their goals and ambitions without facing the barriers that often come with gender-
based discrimination.9
Gender neutrality also helps to eliminate gender-based violence and harassment. It creates an
environment where everyone is treated with respect and dignity, and where individuals are not
judged by their gender or sexuality. This promotes a culture of consent and respect, which helps to
reduce incidents of sexual assault, harassment, and discrimination.
Gender neutrality also has a positive impact on mental health. When people are not
constrained by gender norms, they are free to express themselves in ways that are true to their
authentic selves. This can help to reduce the stress and anxiety that often comes with trying to fit into
traditional gender roles.
However, there are some who argue that gender neutrality is not necessary or desirable. Some
believe that gender distinctions are an essential part of our social fabric, and that eliminating them
would lead to chaos and confusion. Others argue that gender neutrality is simply another form of
political correctness, and that it restricts people's freedom to express themselves in ways that are
meaningful to them.
Despite these arguments, the benefits of gender neutrality are clear. It promotes a fair and
equitable society, free from discrimination and harassment. It allows people to express themselves
authentically and pursue their goals and ambitions without being constrained by traditional gender
roles.
Gender neutrality is a concept that has been gaining more attention and significance in recent
years. It refers to the idea of not associating individuals with any particular gender, but instead
treating them as individuals first and foremost. The aim of gender neutrality is to eliminate any form
of discrimination or bias based on an individual's gender, whether it is male, female, or non-binary.10

9
Susan Ehrlich and Ruth King, “Gender-based language reform and the social construction of meaning”, 3 Sage 1992
10
M.P. Singh, “Gender, Law and Sexual Assault”, 32 EAPW 1997
 65 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

Gender neutrality is essential because it allows people to express themselves and identify in
the way that feels most natural to them. It promotes equality and fairness by removing stereotypes
and expectations associated with gender. Moreover, gender neutrality helps to create an environment
in which all individuals feel safe and accepted, regardless of their gender identity.
One of the key roles of gender neutrality is to promote inclusivity and diversity. By removing
the focus on gender, it allows individuals to be defined by their unique characteristics and abilities
rather than by their gender. This helps to create a more welcoming and accepting society in which
everyone can thrive.
Gender neutrality also has a positive impact on the workplace. It encourages companies to create
policies and practices that promote equality and fairness for all employees. This can lead to a more
diverse and productive workforce, as individuals are selected based on their skills and qualifications,
rather than their gender.11
Moreover, gender neutrality also has a positive impact on education. It encourages schools
and universities to create an environment in which all students feel valued and included, regardless
of their gender identity. This can lead to a more positive learning experience for students and can
help to reduce discrimination and bullying based on gender.
Overall, gender neutrality has a significant impact on society. It promotes inclusivity,
diversity, and equality, which are essential for creating a fair and just society. By removing gender
stereotypes and expectations, it allows individuals to be defined by their unique characteristics and
abilities, rather than by their gender. As a result, gender neutrality helps to create a more welcoming,
accepting, and productive society in which everyone can thrive.
Gender neutrality is a concept that aims to treat individuals based on their abilities, rather
than their gender. It seeks to create a society that is free from gender biases and prejudices, where
individuals are judged based on their merit and not their gender. In India, gender neutrality has been
gaining importance in recent times as a means to tackle the issue of gender discrimination.
India is a country that is deeply ingrained in traditional beliefs and customs. It is a society
where gender roles are highly defined, and gender discrimination is rampant. Women are often
subjected to discrimination, harassment, and violence. There are a lot of stereotypes and prejudices
that exist in society, which are deeply rooted in the traditional mindset.
The concept of gender neutrality is important in India because it helps to challenge these
stereotypes and prejudices. It seeks to create a society where individuals are judged based on their
abilities, rather than their gender. This is especially important for women, who have been
traditionally relegated to the domestic sphere and have been denied equal opportunities in education
and employment.12
Gender neutrality can have a positive impact on various aspects of Indian society. For
instance, it can lead to greater gender equality in education and employment. It can help to break
down gender stereotypes and prejudices, which can lead to greater social acceptance of individuals
who do not conform to traditional gender roles. This can lead to a more inclusive society, where
individuals are valued for who they are, rather than their gender.
Gender neutrality can also help to tackle the issue of gender-based violence. In India, women
are often subjected to various forms of violence, including domestic violence, sexual harassment, and
rape. Gender neutrality can help to challenge the mindset that promotes violence against women. It
can also help to create a society where individuals are more aware of their rights and responsibilities,
and where they are willing to take action to prevent and address gender-based violence. The concept
of gender neutrality is important in India because it seeks to create a society that is free from gender
biases.13

11
Altekar, A S, “The Position of Women in Hindu Civilisation, Moti Lal Banarasidas”, Delhi 1992 162-65
12
Megha Ahuja, “Is India Ready for Gender Neutrality”, Legal Service India
13
Baxi, Upendra (1987): 'Towards the Liberation of Women's Studies', ICSSR Newsletter, Volume XV111(3), pp 6-12.
 66 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

Gender Neutral laws in USA

There are various gender-neutral laws in the United States that aim to eliminate discrimination and
promote equality for all individuals, regardless of their gender identity. Here are some examples:
1. Title VII of the Civil Rights Act of 1964: This law prohibits employment discrimination on the
basis of race, color, religion, sex, or national origin.14
2. Title IX of the Education Amendments Act of 1972: This law prohibits sex discrimination in
education programs or activities that receive federal funding.15
3. The Equal Pay Act of 1963: This law requires that men and women be paid the same wage for
the same work.16
4. The Americans with Disabilities Act of 1990: This law prohibits discrimination against
individuals with disabilities, including those related to gender identity.17
5. The Fair Housing Act: This law prohibits discrimination in the sale, rental, or financing of
housing based on race, color, national origin, religion, sex, familial status, or disability.18
6. The Violence Against Women Act: This law provides resources and support to victims of
domestic violence, dating violence, sexual assault, and stalking.
7. The Family and Medical Leave Act: This law provides unpaid leave for eligible employees to
care for a newborn child, a sick family member, or themselves.
8. The Affordable Care Act: This law prohibits discrimination on the basis of sex in healthcare,
including transgender individuals.
It's important to note that laws and policies regarding gender identity and expression are rapidly
evolving and vary by state and local jurisdiction. Gender-neutral laws have been a matter of concern
for many years. The concept of gender neutrality advocates for equal treatment of all genders,
irrespective of their biological or social characteristics. Gender-neutral laws aim to ensure equality
and eliminate discrimination based on gender, in various aspects of society, including education,
employment, healthcare, and the justice system. India and the USA are two countries that have taken
steps towards achieving gender-neutral laws.19
India has made significant strides towards gender-neutral laws in recent years. In 2017, the
Indian government passed the Maternity Benefit (Amendment) Act, which extended the duration of
paid maternity leave from 12 weeks to 26 weeks for all working women, irrespective of their marital
status or the nature of their employment. This law has provided greater support for working mothers
and helps promote gender neutrality in the workplace.
India also has laws in place to ensure gender-neutral inheritance rights. The Hindu Succession Act,
which governs the inheritance of property among Hindus, was amended in 2005 to ensure equal
rights for daughters in ancestral property. The amendment ensures that daughters are now considered
coparceners, and have equal rights to ancestral property, just like their male counterparts.20
In the USA, gender-neutral laws are also gaining momentum. In 2020, the US Supreme Court
ruled that workplace discrimination on the basis of sexual orientation or gender identity is prohibited
under the Civil Rights Act of 1964. This landmark decision extended protection to millions of
LGBTQ+ individuals who had previously been vulnerable to discrimination in the workplace.

14
Title VII of the Civil Rights Act of 1964, https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
15
Title IX of the Education Amendments Act of 1972, https://www.epa.gov/external-civil-rights/title-ix-education-
amendments-act-1972
16
The Equal Pay Act of 1963, https://www.eeoc.gov/statutes/equal-pay-act-1963
17
The Americans with Disabilities Act of 1990, https://www.dol.gov/general/topic/disability/ada
18
The Fair Housing Act, https://www.justice.gov/crt/fair-housing-act-1.
19
Violence Against Women Act of 1993, https://www.congress.gov/bill/103rd-congress/senate-bill/11
20
Flavia Agnes,“Law, Ideology and Female Sexuality: Gender Neutrality in Rape Law”, 37 EAPW 2022
 67 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

Additionally, several US states have passed laws that aim to eliminate gender-specific
language from official documents and laws. For example, California has passed a law that mandates
the use of gender-neutral pronouns in official state documents. This law ensures that all individuals,
regardless of their gender identity, are treated equally in the eyes of the law.
Despite these strides towards gender-neutral laws, there is still a long way to go in both India and the
USA. Discrimination based on gender and sexual orientation is still prevalent, and many laws have
not been amended to reflect gender neutrality. However, these steps towards gender-neutral laws
have helped create a more inclusive and equitable society.21

Significance of Gender and Rape Laws

While proposing significant changes to the rape legislation in its 172nd report, the Law Commission
of India has suggested that the rape law be gender neutral. This idea is based on the assumption that
rape will be desexualized and the shame associated with it will vanish with the stroke of a pen. The
societal norms and values of a predominately heterosexual society will change by rewriting a sexual
offence that occurs in a phalocentric culture. This essay seeks to dispel this fallacy. It is becoming
more and more clear that legal reforms are not only sluggish in coming, but when they arrive, they
may harm women and other marginalised groups, or they may only serve to conceal or relocate the
underlying issues. Before discussing the effects of gender neutrality on the concerned populations of
women, children, and sexual minorities, it may be pertinent at this point to briefly review the history
of rape law reforms in India, which covers more than two decades.
During the 1980s, the anti-rape campaign has served as the focal point around which the
Indian women's movement has rotated. It is significant because it addresses conceptions of
dominance and subordination as well as how gender is constructed within broader societal limits, in
addition to sexual violence. Women carry the honour of their communities on their bodies, and
raping one of them is one of the surest ways to defile the whole community. The use of rape as a tool
of fear and domination in caste, class, and community conflicts, as well as state-sponsored and
custodial rape by the police, armed forces, and paramilitary, have all been the subject of theoretical
discussions and practical interventions. Beyond the initial assumption that "Rape has been one of the
ways in which the social hierarchy of power relationships is upheld and fostered in a gendered
society.
Rape is a deliberate strategy of intimidation by which all men keep all women in a condition
of terror. Concerns were aroused by the Supreme Court's decision in the now-famous Mathura Case.
The legal criteria for determining valid permission came under public discussion after the court
decided that the absence of injuries implied consent. the false belief that when a woman says "The
legal echelons had to be challenged when she says "no," meaning "yes." This could only be
accomplished by transferring the burden of proof about consent on the accused after the
prosecution's burden of showing sexual intercourse had been met.22
Women's rights advocates and human rights organisations engaged in a contentious dispute
over this demand. The prosecution must establish an offence "beyond a reasonable doubt," and an
accused person is presumed innocent until proven guilty, according to established principles of the
criminal justice system. Human rights organisations were concerned that this demand may pave the
way for the passing of harsh regulations that would restrict civil liberties. Another significant topic of
discussion was whether the victim's moral character and sexual past were relevant. It appeared that
the only way a criminal defence attorney could demonstrate his legal prowess and secure an acquittal
for his client was by publicly humiliating and shaming the victim in front of a packed courtroom.23
After a century, the fight was successful in certain respects when the antiquated provisions
were changed in 1983. The state gave in to the demand for a deterrent sentence, despite the fact that
21
Susan Brownmiller, “Against Our Will-Men, Women and Rape”, Penguin (1975)
22
Carol Smart, “Feminisim and The Power of Law”, Routledge (1989)
23
Martha Albertson Fineman, “The illusion of Equality”, The University of Chicago Press (1999)
 68 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

the main issues about the victim's moral character and sexual history had been sidestepped. In cases
involving custody, the demand for redistributing the burden of proof regarding consent has been
largely granted.24
At the time, the hope was that the initial reforms would open the door for more significant
improvements in the years to come. But, the joy of the campaign's success was short-lived as the
post-amendment phase of the revised statute began to play out in courtrooms. The lengthy and
traumatic procedures persisted, the investigative apparatus was lax and corrupt, and the cross-
examinations of the victims were demeaning and humiliating. By giving less than the required
punishment of seven years for general rapes and ten years for gang rapes, custodial rapes, and minor
rapes, the judges showed significant concern and sympathy for "young offenders" and "first
offenders." This made the deterrence penalty theory absurd. In contrast to predictions, the numbers
showed a rise in reported cases and a pitiful conviction rate.

Recent Trends of Amendments & Its Concern

About this time, two fresh issues began to loom on the horizon and clamour for attention. The first
dispelled the idea that rape only happens in shady streets, away from the private spheres of a warm
and supportive home. By the flagrant and vulgar invasion of patriarchal power, cases of sexual abuse
by fathers, uncles, brothers, cousins, and grandfathers started to leak out into the public.
The maltreatment of male youngsters in charge in orphanages and receiving facilities went
hand in hand with this. One of the first people to break through the veil of silence and challenge the
traditional gender distinctions was child rights campaigner Sheela Barse. Due to the fact that these
crimes could not be prosecuted under the traditional definition of peno-vaginal infractions, the
offenders had to be punished under an outdated statute known as "unnatural offences" (S 377) 25,
which was created to govern moral behaviour by criminalising unusual sexual practises.
By this point, it was clear that a new, comprehensive definition of sexual assault was necessary in
order to provide justice to these vulnerable groups whose complaints had largely gone unspoken
during the campaign's initial stages. The National Commission for Women created the Sexual
Violence Against Women and Children Bill in 1993 in response to this perceived need.
The wide term "sexual minority" refers to organisations that promote and fight for the rights
of homosexual men, lesbian women, bisexuals, and transgender people (LGBT). Communities of
eunuchs, who were finally speaking out against routine police harassment, humiliation, and rape,
were significant in the transgender category. They fought to get S 377 repealed as they staked their
claim to public areas and questioned the necessity of a secular, democratic state to uphold the values
developed by Victorian morality and church traditions. This would provide these organisations the
ability to form support networks without being subjected to constant police surveillance in public
areas.
This desire ran directly counter to the concerns of child rights organisations who, in recent
years, have been using S 377 to enter the penal code by designating sexual attacks against minors as
"unnatural offences." So, the removal of this part would leave a huge gap in the coverage of male
children's protection against adult sexual assault. The prosecution of Freddy Peat, a Foreigner who
had settled in Goa, followed by Sheela Barse, which had resulted in a conviction under S 377, had
been a particularly noteworthy lawsuit in this paedo-philia field. The case brought to light the abuse
of young male youngsters by internationally organised and profit-driven sex gangs on the Goan
beaches.

24
Tukaram v. State of Maharashtra AIR 1978 SC
25
S 377 (IPC) Unnatural Offences - Whoever voluntarily has carnal intercourse against the order of nature with any man.
woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term
which may extend to 10 years, and shall also be liable to fine.
Explanation - Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this
section.
 69 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

The Delhi High Court was also made aware of the legal gaps in incest and child abuse
26
cases. A senior government employee was accused of assaulting his six-year-old daughter sexually.
The behaviours included oral sex and finger penetration. Instead of charging the father with the
crime of rape, the police filed the complaint under S 377. The mother approached the Delhi High
Court with a writ petition to have S 376 applied to the offence. Arun Jaitley, the current law minister,
appeared on behalf of the mother and argued for a reasonable interpretation of the rape laws
(Sections 375 and 376). He argued that when a man pushes a foreign object into a woman's vagina
without her consent, such as a stick or a bottle, it qualifies as rape under S 376.
The court rejected this claim and determined that inserting a bottle into the vagina would
merely constitute a "violation of modesty," which carries a two-year maximum punishment. The
court dismissed the petition, stating that "Penal provisions must be strictly construed." The
accusation must be an offence according to the words' plain meaning before the court can rule on it.
The court found that these sections' provisions could only be expanded by the legislature.

Revised Rape Laws

In terms of the plight of women, during the two decades of battle, not a single instance of a reversal
of gender roles in the context of a sexual offence had ever appeared in India, nor had it ever been
discussed. No one has ever raised the defence of female sexual abuse throughout history. Yet, the
main issue has been the sexual abuse of both male and female youngsters as well as other men and
women by men. The debate has centred on the social stigma attached to aggressive male sexuality,
expressed through violent, penetrative sex, both within and outside of marriage, in the private
secrecy of bedrooms and in the open spaces of civilian life, as well as the violations committed by
the state in incarceration. Nevertheless, paradoxically, while tackling this issue, women have now
been painted as criminals and held accountable for a wrong that has little to do with the reality of
their social existence.
The three women's rights organisations that were consulted have backed the idea of gender
neutrality, potentially by adopting a western model where legislation have been made more gender
neutral through the active involvement of feminists. Yet later, this approach came under fire from
feminist legal experts who believed that the equality model had harmed women and children. For
instance, Martha Fineman27 has remarked that reformers can and frequently do accomplish this by
adopting poorly thought-out techniques that they seem compelled to use while utilising the law to try
to create a more ideal society. The reforms are limited and defined by the rhetoric of equality. She
contends that abandoning equality as the overarching reform premise is necessary in order to achieve
equity.
This would be much more relevant in Indian contexts, where domestic and public violence
against women have significantly increased and the status of women has decreased over the past 20
years. Murdering wives, pressuring young wives to commit suicide, dousing girls in acid for
rejecting sexual approaches, maiming and killing young women for selecting a sexual partner are all
now commonplace. A gender-neutral rape law would create opportunities for an already
marginalised group to suffer even more misery and shame, defeating the whole goal of change. This
assumption cannot be made under the guise of protecting the rights of other marginalised groups.
It might not be the best course of action to just copy the errors made by western feminists.
Women's organisations are working to broaden the definition of rape and extend the crime beyond
peno-vaginal attacks, which can be done without relying on the gender neutrality concept.

26
S J v. K C J and Others 62 (1996) Delhi Law Times 563
27
Martha Albertson Fineman, The illusion of Equality, The University of Chicago Press (1999)
 70 JOURNAL OF THE ASIATIC SOCIETY OF MUMBAI, ISSN: 0972-0766, Vol. XCVI, No.16, 2023

Conclusion
Gender neutrality refers to the idea that language, policies, and practices should be designed in a way
that does not discriminate or assume gender roles and stereotypes. It is an approach that aims to
promote equality and inclusivity regardless of gender identity. Gender neutrality refers to the concept
of treating individuals without bias or discrimination based on their gender or sex. It promotes equal
opportunities, rights, and respect for people, regardless of their gender identity or expression. Here
are some suggestions for promoting gender neutrality and understanding its role:
1. Education and Awareness: Incorporate gender-neutral teachings and discussions in schools and
educational institutions. Educate students about diverse gender identities, expressions, and the
importance of equality. Foster an inclusive environment that respects and values all individuals.
2. Language and Communication: Use inclusive language that avoids assumptions about gender.
Encourage the use of gender-neutral pronouns such as "they/them" or "ze/zir" when referring to
individuals whose gender identity is non-binary or unknown. Create policies that promote
inclusive language in official documents and communications.
3. Workplace Equality: Establish policies that promote gender equality in the workplace. Ensure
equal pay, fair hiring practices, and opportunities for career advancement. Provide resources and
support for employees to navigate gender-related issues and create an inclusive work
environment.
4. Representation and Media: Encourage diverse and accurate representations of gender identities in
media, entertainment, and advertising. Promote positive role models across the gender spectrum.
Encourage media organizations to include non-binary and transgender individuals in their
content.
5. Healthcare and Services: Ensure that healthcare services and facilities are inclusive and
respectful of individuals' gender identities. Train healthcare providers to address the specific
needs and concerns of transgender and non-binary patients. Offer support groups and resources
for individuals seeking assistance.
6. Legal Protection: Advocate for legal protections against discrimination based on gender identity
or expression. Support policies that recognize and respect non-binary and transgender
individuals' rights in areas such as employment, housing, healthcare, and public services.
7. Encourage Dialogue and Understanding: Foster open conversations about gender identity and
expression. Encourage individuals to share their experiences, challenges, and perspectives.
Promote empathy and understanding among different gender identities to build a more inclusive
society.

The role of gender neutrality is to promote a more just and equitable society where individuals are
not limited by gender stereotypes and discrimination. It aims to create a world where individuals are
free to express their gender identity and are treated with dignity and respect. Gender neutrality plays
a crucial role in promoting equality, reducing discrimination, and creating a more inclusive society.
By embracing and valuing diverse gender identities, we can help ensure that everyone is treated with
dignity, respect, and fairness, regardless of their gender.

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