International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Volume 7 Issue 4
July-August 2025

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Unheard Voices: Rethinking Sexual Violence Laws through a Gender-neutral Lens

Author(s) Ms. HAPPY KUMARI, Mr. MAYUR MAHAJAN
Country India
Abstract Sexual violence is a grave violation of human dignity and bodily autonomy, yet the legal framework in India continues to view it through a narrow, gendered lens. The Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the Indian Penal Code (IPC), retains a female-centric definition of rape under Section 63, effectively excluding adult male and transgender victims from legal recognition. The repeal of Section 377, previously used in rare instances to prosecute non-consensual male-on-male sexual acts, has further created a legal vacuum for non-female survivors of sexual violence. This exclusion violates Articles 14 and 21 of the Constitution, denying equal protection and justice to all citizens regardless of gender. Through an examination of recent real-life cases, this paper highlights the systemic neglect, societal stigma, and legal inadequacies faced by male and transgender survivors. The role of toxic masculinity, underreporting, and societal disbelief is also explored as key barriers to justice. The research calls for comprehensive reform by advocating for gender-neutral rape laws that define sexual assault based on lack of consent rather than the victim’s gender, thereby ensuring inclusivity and equality. Addressing this gap is essential not only for upholding constitutional rights but also for promoting a more empathetic and just society. Without acknowledging all survivors, justice remains partial and discriminatory.
Keywords Gender-neutral laws, Sexual violence, Bharatiya Nyaya Sanhita, Male rape victims, Transgender rights, Article 14 and 21
Published In Volume 7, Issue 4, July-August 2025
Published On 2025-07-21
DOI https://doi.org/10.36948/ijfmr.2025.v07i04.51765
Short DOI https://doi.org/g9t2c2
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