Reach to the Peak : Gender Neutrality in Sexual Harassment Laws (Paper)

  • Sakshi Mehta, SLS Noida
  • December 27, 2020

Content :

Throughout, the world any gender does face biasedness and differentiation in concord with their identity and gender they carry with themselves.  Nevertheless, it is very much predominant in India, Despite having legislation especially against women until today, women do face such obstruction. In harsh reality, women are not just victims of such biasedness but even men, Lesbian, gay, Trans-women, Trans-man, Queer are also duped.
Wherein, the long-drawn-out legislation only specifies a man committing sexual harassment offence against women which not only differentiate but also discriminate against any other gender also. Likewise, the Lesbian, Gay, transgender is not protected under this legislation if any action has been committed against him, it does draw out that they are not protected for their right as an infringement. 
Gender equality affects each member of the community at large and shapes the very foundation of a just community, and so the problem of social inequality is of immense significance and gigantic repercussions enveloping an all-encompassing and infinite canvas.
Law’ is a measure to provide a sense of security but seldom the measure becomes a weapon to target innocents. It is when the protected class starts misusing the security given to them to fulfill their unjust demands or to satisfy ego hunger. Use and misuse of law are two sides of a coin and can never be ignored. It is, therefore, the duty of the Constitutional Machinery to take into account the reality that prospective offenders can also be victims while framing and enforcing laws. Equal protection must therefore be provided to address the misuse of the law against the innocent.
This paper would examine the lacuna in the Laws with respect to the legislation’s that are laid down, also highlighting the need for gender-neutral in the dynamic society of India, why is it important to a country like India, it would also explore the glories with respect to the International conventions of Human rights by India, present struggles and future ambitions in the world\'s largest democracy.
By accounting for these conflicting legal provisions, this paper provides a comprehensive roadmap of the issues and challenges likely to emerge along the path towards an equal and free society within the framework of the Constitution of India and legislations of India. This paper addresses the question- Is there a need to make Sexual harassment   Laws Gender neutral? The paper chronicles the attempts made in the Indian regime to gender neutralize the sexual harassment