What is Gender neutrality?
Gender neutrality or gender movements refer to the notion that any attitude, social foundation, legal structure, work, character should not be separated by the gender of individuals because gender can be exchanged from time to time and with society because it is not ‘gender related’.
Gender Neutral Laws?
Right to Equality: Equal punishment for all genders for same crime.
Women have always been considered the most oppressed group to be exploited since ancient times, mostly for power. Most states have taken steps to increase the status of women, but is it at the expense of the other two groups?
When making laws for the advancement of the female class, we ignored the other two groups, namely men and transgender. These are two other steps that should be considered gender neutral in terms of criminal law and its penalties. Men are consistently seen as criminals against unfortunate casualties, especially in mistakes of a sexual nature. But in recent times, men have also succumbed to it and are more stigmatized to accept it. Furthermore, although the existence of transgender and other members of the LGBT community has been recognized throughout history, their rights are rare. Sexual bias laws affect them the most because crimes against them can easily be classified as ‘unnatural sex’ and put aside.
CRIME AGAINST MEN
India has long been a male-dominated society and it is difficult to accept that men are at risk of misfortune and that women are the culprit as houses have passed, but crimes against women are still at an all-time high, no doubt women are dominated and the struggle for goals and their rights in every field is still an ongoing process, but in fact “one The right cannot override another’s right. ” Giving justice to one gender and ignoring the other gender is something any country should do. The principle of equality should not be promoted for the purpose of protection.
It is not wrong to be male or female or transgender but ‘human’ is wrong. We cannot hold a particular gender responsible for a crime committed by a ‘human’.
Moving forward on the path of protecting our women, we have abandoned the principle of equality and forgotten that human rights belong to human beings and not to a particular gender. Various crimes and atrocities are being committed against other genders. For example, when we talk about domestic violence, it is a punishable offense under Section 498A of the Indian Penal Code, which always deals with women, but over time, men and other genders also become vocal. , Physically, mentally, emotionally abusive. According to a well-known survey of female offenders, 51.5% of men experience violence at the hands of their wives / intimate partner at least once in their lifetime and up to 10.5% in the last 12 months.
Other genders were sexually abused just like men during the wars, 3 male prisoners were subjected to various forms of sexual harassment, but after a case of Nirbhaya rape case, the laws were more stringent on non-women only.
CRIME AGAINST TRANSGENDERS
Sexual violence affects every population and every community – with LGBTQ individuals. According to the Center for Force Disease Control and Prevention(CDC),homosexuals, homosexuals and bisexuals experience sexual violence at the same or higher rate than heterosexuals. The NCAVP estimates that one in ten LGBTQ survivors of intimate partner violence (IPV) has committed a completely legitimate crime from those partners. The study suggests that half of transgender people and bisexual girls may experience sexual violence at some point in their lives. Section 375 of the IPC does not identify clusters of LGBT individuals in their terms.
The Transgender (Protection of Rights) Billwas recently passed on 5 August 2019, where on the one hand it is considered self-contradictory to give the right to self-intended personal identity, and on the other hand, transgender people are required to certify the screening committee to transparency and verify their gender once verified after surgery to travel through the environment Asked to get the document. It states that if a transgender private sector unit is subjected to sexual harassment, their attackers face up to 2 years in prison, with the World Health Organization Area Unit for Women being attacked for at least seven years. Consequently, the bill will be called retrograde by transgender representatives and activists.
In India, several studies have documented sexual and physical violence against transgender persons.. The People’s Union for Civil Liberties Mysore (PUCL-K) has studied human rights violations against transgender people in the city.
Its conclusions were shocking-
“Sexual violence could be a constant, pervasive theme all told the narratives that we’ve collected in our report. at the side of subjection to physical violence like beatings and threats of disfigurement with acid bulbs, the physiological property of the hijra additionally becomes a target of lubricious curiosity, at the smallest amount, that results in brutal violence, at the foremost. because the narratives indicate, the police perpetually degrade hijras by asking them sexual queries, feel up their breasts, strip them, and in some cases rape them. With or while not the component of physical violence, such actions represent a violation of the integrity and privacy of the terribly sexual being of the person.
Indian constitution, legislations and Human rights
Gender justice is upheld under Article 14of the Constitution of India, which aims to provide equality of laws and regulations. The principle of ‘Principal Equality’ is sometimes misunderstood and believed to advance the weaker section of society, but the fact is that the principle of equality is to bring all classes on an equal footing. But as a nation we have failed to follow or reach the real stage of ‘equality’ like Article 15because in order to bring the weaker sections on an equal footing, the states take some laws in favor of some women, which in some cases indirectly emphasize the principle of ‘equality’. It prohibits discrimination on the basis of religion, caste, creed, gender, etc. It also states that no state should take any action in favor of women! Apart from the hat, Article 21 gives every citizen of this country the right and freedom to live with dignity. Whenever women are raped, on this occasion we talk about Article 21 but we are silent about other genders, is it equality?
Many controversies about criminal justice feel that many are not equally or protected by our criminal laws. Article 14 of the Constitution of India clearly states that the State does not deny the equality of an individual before the law or the equal protection of the laws in the territory of India. It treats everyone equally but our laws based on our Constitution, including criminal laws, violate the basic structure of the Constitution. It does not provide equality for all its citizens because some of the provisions of the Indian Penal Code, 1860, are gender specific. It punishes only men belonging to a certain category. According to Section 375 of the IPC, only a man can be a criminal, which is not true because not only sex-vaginal penetration leads to rape, but also penetration of objects is oral and anal penetration rape. , It can be done by men and women. Therefore, the definition of rape should not be limited to the specified gender. All citizens have equal protection under the laws of citizenship and all are equal before the law ‘, so the punishment for the same crime should also be equal and not gender bias.
Gender neutrality in the context of victims highlights the prevalence of male and transgender sexual violence in India. The existence of male and transgender rapes in India, especially male-male-rape, cannot be ruled out. Sexual violence against men and transgender groups needs to be addressed.
It is necessary to address the issues of men and transgender people, to ensure that women’s rights are not violated or that a biased environment is created.
The Justice Verma Committee report indicated a middle way to include the victim, while the perpetrator remained gender specific. It protects the transgender community and male victims from homosexual rape. At the same time, counter-complaints and biased concerns about women do not come into the picture. As different feminists, queer groups and individuals, this law is “not a gender fair, gender sensitive, gender neutral rape law.”
We must aim and work to achieve a society that has laws for all types of communities rather than discriminating the culture of the communities.
AUTHOR: Nikhil Singh Raman, Research Board Member.
J.S. Malik & A. Nadda, A cross-sectional study of gender-based violence against men in the rural area of Haryana, India 35 (Indian J Commu Med. 2019).
Anonymous, Sexual Assault and the LGBTQ Community, Human Rights Campaign, https://www.hrc.org/resources/sexual-assault-and-the-lgbt-community.
A. Mathur, Bill to make sexual crimes gender neutral introduced in Parliament (2019), https://www.google.com/amp/s/www.indiatoday.in/amp/india/story/bill-to-make-sexual-crimes-gender-neutral-introduced-in-parliament-1568504-2019-07-13.
Anonymous, ‘Human Rights violation against the transgender community: A study of kothi and hijra sex workers in Bangalore, India’, People’s Union for Civil Liberties (2003), http://www.pucl.org/Topics/Gender/2004/transgender.htm.
INDIA CONST. art. 14.
INDIA CONST. art. 15.