Gender Bias in Rape Laws in India: Protection, Patriarchy, and the Problem of Misuse

Executive Summary

1.  India’s rape laws have seen significant reform, particularly post the Criminal Law (Amendment) Act, 2013, aimed at enhancing victim protection and broadening definitions of sexual violence. However, the framework remains gender-specific—recognizing only women as victims and men as perpetrators—thus failing to reflect the full spectrum of sexual violence experiences across gender identities.

   
   

2. Patriarchal Roots and Reinforced Stereotypes :The legal framework rests on patriarchal assumptions that depict women as passive victims needing state protection, while ignoring the agency of women and the victimhood of men, transgender, and non-binary individuals. This gendered conception reinforces stereotypes and curtails the inclusivity of legal redressal mechanisms.

   
   

3. Misuse Narrative and Its Legal Implications:While false accusations of rape are statistically rare, the public and judicial discourse has increasingly emphasized the potential for misuse. This perception, though often exaggerated, has impacted how courts evaluate survivor testimonies, and risks delegitimizing genuine complaints, thereby chilling access to justice.

   
   

4. Judicial Interpretation and Social Attitudes: Judgments reflecting concerns over misuse often stem from broader social anxieties around gender, morality, and honor. This has led to inconsistencies in legal interpretation and a tendency to approach rape litigation through a lens of suspicion rather than survivor-centric empathy.

   
   

5. Need for Gender-Neutral Legal Reform:The report underscores the need to reform rape laws to be gender-neutral, allowing for recognition of all individuals—regardless of gender—as potential victims or perpetrators. Such reform would align Indian laws with constitutional values of equality, dignity, and non-discrimination, and bring them in line with international human rights norms.

   
   

6. Balancing Protection and Due Process: Ensuring justice in rape cases requires a sensitive balance between protecting survivors and upholding the rights of the accused. The report advocates for procedural safeguards, gender-inclusive definitions, and evidence-based policymaking to create a framework that is both just and resilient to misuse.

   
   

7. Call for a Transformative Legal Paradigm:Ultimately, the report calls for a shift from a patriarchal-protectionist model to a rights-based, inclusive paradigm that recognizes diverse survivor experiences, ensures equal legal access, and strengthens the credibility and fairness of the criminal justice system.

Author: Agastya Chaudhary

Read the report here:

Gender Bias in Rape Laws in India_ Protection, Patriarchy, and the Problem of Misuse.pdf

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Disclaimer:: The views, opinions and the data expressed in this report are those of the authors alone and do not necessarily reflect the official policy or position of any affiliated organization or institution