Abstract
Gender equality is a constitutional ideal embodied in the Article 14, 15,21 of the constitution of India[1]. The legal system historically had adopted laws and protective measures for the women to remedy long term discrimination and the violence faced by the women in the country. But the concerns emerged when regarding the double standard in the criminal system where there is the unequal treatment of male and transgender victim. There are many provisions such as Rape, Domestic Violence, sexual harassment, dowry, cruelty and maintenance are the gender specific which are there for women only and talks about women as a victim and men as the intruder or the perpetrator. These provisions create a substantive question of law on the equality and the equal protection of laws. In today’s era of transparency and equality the laws should be equal to all and the gender specific laws made for women must contain some penal provision for those who are misusing these laws and provisions. This paper is critically examining the concept of the gender equality in the criminal jurisprudence and to analyses the existence of the double standard with regards to the Indian legal system. This paper also argues that the equality must not become a source of discrimination against any gender and advocates a balanced framework that protects the vulnerable sections and ensuring equal justice for all the people.
Keywords: Indian Legal System, Gender Equlity, Women Protection Laws, Criminal Law
INTRODUCTION
The gender equality is one of the main fundamental pillars in a democratic society. The constitution gives the citizen right to equality before the law under Article 14. The Article 15 of the Indian Constitution prohibits the discrimination on the grounds of sex, religion, race, gender etc. while 15(3) of the Article empower the state to make special provisions for the women and children. Historically, the women in the country had suffered economic, social and legal disadvantages. Various laws were made to provide additional protection to women against violence and exploitation. However, as the changing society the concerns have risen regarding the existence of double standards in the criminal law. Several provisions in the statutes recognize the women as a victim and the men as an offender or the perpetrators, which make the men and transgender victims get sidelined from the legal protection. The realities of criminal justice and the criminal law reveal the presence of the double standards in the treatment of the men and women. The concept of gender equality, which is deeply rooted in the principle of justice and human rights that individuals should neither be privileged or disadvantaged on the basis of gender. Therefore, the issue of the gender equality and crime extends ahead the protection of the single gender over another.
[1] Constitution of India