Need of Gender Neutrality in Indian Criminal Law and Procedure A Study in the Light of Moral Trends Worldwide

Abstract

This work here has follow a line of investigation to fundamentally comprehend as to what is sex and gender of human being and what makes it upshot its implementation in law with special focus on our nation s substantive and procedural criminal law and that being Code of Criminal Procedure, 1973, Indian Penal code,1860 and Indian Evidence Act, 1872. First being analysed that Indian Society and its norms are resting on the towers of normal sex and gender. Second being, that criminal code of our nation is functioning around normal sexes and have closed the gates for abnormal sex and gender. Thirdly, morality has made its way in justice and legal scheme of the country. Researcher further proved that even penal codes are identifying harm in all forms only to male and female bodies and is still surprisingly silent for intersex biological human body. Lastly, in the work it is further proved that it is the thread and cycle of morality which is revolving around the legal structure with all its might and is holding a firm grip over it. New laws which are bringing in new sections with higher penalty without abiding good-byes to older provision is making way for sharp advocacy which is doing more harm them good. Moreover with provisions like that of pardon, conversion of sentence available in both penal and parent law of the nation is actually making mockery of the subjects who are seeking justice when their bodies get despoiled. Hence to have gender neutrality in law and in society intention and action from both are required for their own respective good, justice, equality and to advocate neutral and bias free execution of law in true sense. newline