- Abstract
The discussion on gender justice in India has generally highlighted the need for ensuring justice for women in India by protecting them from any kind of discrimination, exploitation, and inequality. The issue is very important from the perspective that, in the entire history of India, women have faced inequality in different spheres. In recent years, the need for assessing the existing framework for ensuring justice in India in the context of the need for justice, accountability, and equality for all has acquired greater importance. In this article, the concept of gender-neutral justice in India has been critically analyzed in the context of gender justice.
Gender-neutral justice seeks an understanding wherein harm, abuse, and discrimination are not exclusive to one gender. It is in support of an inclusive justice system wherein all genders receive protection. This article presents how these concepts can be implemented in such a way that it does not undermine existing women-focused laws but actually supports them. A critical analysis is provided for key areas such as domestic violence, sexual crimes, and harassment in the workplace, considering both the negative and positive sides of existing gender-specific laws.
Furthermore, the issues concerning exclusion, under-inclusion, and the potential for abuse of protectionist provisions are also addressed in the course of this study. Particular emphasis has also been placed on the need to identify gender-neutral justice in the context of the principles of equality before the law and non-discrimination contained in the constitution. In addition, the role of interpretation and policy reform in the evolving discourse has also been addressed.
In conclusion, it may be said that, in this article, it has been asserted that gender-neutral justice is not a move away from justice for women; rather, it is a move forward towards justice.
Key Words: Gender Justice, Equality Before Law, Non-Discrimination, Legal Reform in India,Women’s Rights, Constitutional Principles, Judicial Interpretation.
- Introduction
The legal environment in India has been largely defined by the need to address inequalities and hardships that women experience in society.[1] Women have been discriminated against in society, in the economy, and in the legal environment. This has necessitated the implementation of various protective laws that ensure justice is meted out to women. These include domestic violence laws, dowry harassment laws, sexual offense laws, and harassment at work.[2] This is to ensure that justice is meted out to women, who have been impacted by this problem. However, with changing times in society and with the rising awareness about individual rights, the need for a more inclusive approach to justice in society has been felt.[3] This is where gender-neutral justice in India has come in. Gender-neutral justice is not trying to deny justice to the female gender; it is trying to ensure that justice is not exclusive in nature so that everyone in society receives justice regardless of gender. It emerges as a progressive legal approach that seeks to ensure equality before law by extending accountability and protection irrespective of their gender. The aim of the article is to discuss the need for gender-neutral justice in India, critically analyze the provisions that are in place, and then take a balanced view on the matter.[4]
[1] Paras Diwan, Modern Hindu Law (Allahabad Law Agency, 2018)
[2]Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India (Oxford University Press, 2019)
[3] Government of India, The Protection of Women from Domestic Violence Act, 2005
[4]National Crime Records Bureau, Crime in India Reports available athttps://ncrb.gov.in (last visited Mar. 24. 2026).