GENDER BASED LEGAL PRIVILEGES

ABSTRACT: 

The constitution of India entrusted with the equality for all the genders. The development of a country should be based on the progression of all the genders. Feminism is a significant modern influence in all over the world. Either law or the amendments never brought any fairness to men and other genders. A legal provision which is unfair to any one of the genders become meaningless. A law should provide justice to everyone in the world

This research article includes the reverse discrimination against men and other genders. This paper also explains about the media trail and the pro-women law are implemented in our country. This Article also includes the gender justice in the criminal trial and the elimination of gender discrimination.

INTRODUCTION

The biggest democratic country which has specified constitutional provisions for fundamental rights to its people. As a result, Indian legislation enacted many pro-women laws that help the majority of women to defend themself against gender-based discrimination and violence. These pro-women laws are the reason for the development of women in their livelihood. But this slight diversion in the equality results in reverse discrimination of other genders.

The pro-women laws are widely ignoring the Due process of law. which is the most important element in the proper execution of the basic necessity of that law. the pro-women laws are important for the protection of women but it should follow the Due process of law and it should not result in reverse discrimination and violation of fundamental rights of other genders. In this modern era filing, a criminal complaint is easy which results in the explosion of many types of crimes.

This results in the starting of global movements for the protection of men and the 3rd gender from the pro-women laws. It is the starting stage for the protection of men and 3rd gender against the misuse of pro-women laws in India. Till now, there are many lacunae in the basic legislative structure to protect, prevent, punish for the offence against men and 3rd gender. The social and judicial view of man-crimination presumption is changing due to the high rate of offence against men and the 3rd gender. This article will expose the pro-women laws without due process of law and lacuna in the legislation to protect, prevent, and punish for the offence against men and 3rd gender.

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WHAT IS PRO-WOMEN LAW

The struggle for women empowerment began in India in the 20th century. Laws relating to women’s equality, rights, and protection were started to establish in the British period itself. After independence, the constitution of India guaranteed equality and also special status to women. It empowers various legislative actions to empower women. These laws were categorized has pro-women laws. It covers the provisions of the constitution to all legislation relating to women. It is one of the most progressive sets of laws on the rights of women.

The ideological framework of these laws implies impressive progress for ensuring the protection of violence against women. But the structure and functioning of these laws were challenging the due process of law. this results in a high chance of misuse against its ideology. This leads to the vulnerability of reverse discrimination against men and 3rd gender. This mandates the government to provide a strong structure for eliminating the possibility of misuse of pro-women laws.

GENDER JUSTICE – RAPE LAW

In the eyes of the Indian legal system, only the women can be the victim of rape. The definition of “RAPE” is clearly given in the IPC[1], Section 375 states the sexual act by a man with a woman without her will or consent amounts to rape. There were six conditions laid down in that section. The law commission of India in its 172nd report recommended increasing the scope of rape by making it gender-neutral. Although gender neutral was made to child sexual assault cases under POCSO Act[2], 2012. But, the gender-specific in the definition of rape in IPC continues till now.

In reality, the women were the most vulnerable section amounts to rape. Gender neutralization will dilute the very purpose of the law. but this puts a barrier for adding the sexual intercourse with men by men from sec 377 to sec 375 of IPC. This exposes the gender inequality. Coercive and consensual intercourse is different. But, the Indian legal system can only able to provide punishment under sec 377 of IPC, as against the order of nature. It greatly ignores the difference between consensual and coercion. The sec 375 gives huge importance to the consent and will.

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This shows in the eyes of law. men and 3rd gender well and consent have no meaning. It violates Article 21 of the Indian constitution which ensures the life with dignity. The gender-specific in the definition of rape also set out the 3rd gender on filing rape cases. It is a serious issue; the government has to frame a law that should not dilute the ideology of rape laws but also ensuring the elimination of gender discrimination.

GRAVE DISCRIMINATION- TRIAL ON RAPE LAW

In Nipun saxena vs Union of India Ministry of home[3], the supreme court of India laid down an absolute bar publishing identity of victims of sexual crimes in any media. The court interpreted section 228A of IPC was made by the lawmakers to protect the absolute identity of the victim in sexual crimes. This made identification of the victim will be shared securely with the court. Even the FIR of these types of crimes will not be published in the public domain. It includes the victim’s right to pay before the court to file a petition under a pseudonymous name under section 372 of CrPc[4].

This evolution in the sexual criminal law brings inclusive approach to provide justice in rape cases. But this approach will be huge mislead if these laws were misused by falsely accusation. It makes the men and 3rd gender an invincible victims of this law. it is mainly due to the force on one side of the case. This violates the principle of natural justice too. The concept of dignity in the Indian constitution is gender neutral.

Hence, it also violates the fundamental rights of the falsely accused person. There is no provision in any legislation relating to sexual crimes to protect the identity of the accused person until proven guilty. In 2019, a petition filed by the youth bar association of India to protect the identity of accused in sexual cases to prevent the destroy of dignity and life of the person if it a falsely accusation. The supreme court of India also sends the notice to the centre requesting the amendment for the protection of identity, reputation and integrity of the accused person until proven guilty.

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The identity of the accused person should be protected even after the judgement if the accused person steps on filling an appeal. This will prevent the media trial and helps to restore the imbalance between the gender based legal privileges.

CONCLUSION

There should be a balance between gender-based legal privileges. we were in the initial stage of active legislative and judicial actions in changing the view of man criminating and reducing the chance of misusing the legal privileges in the pro-women laws. The steps like de criminating the adulty under section 497 of IPC which is one of the worth gender-specific laws which results in huge reverse gender discrimination. The supreme court reference to the central government to bring provision for maintaining the accused identity to prevent if it a false accusation.

But this will not provide complete justice to the victim of the false accused person. It should be penalized specifically under false sexual complaints and the criminal actions should be performed against the false sexual complaint petitioner. The pro-women laws like domestic violence and dowry laws undercut the due process of law which puts the male and his relatives behind bars without any basic investigation itself. This all vulnerability has to be taken as a serious issue by the government and judiciary to withstand the justice common to all genders.

[1] Indian penal code, 1860

[2] The Protection of Children from Sexual Offences (POCSOAct, 2012.

[3] on 11 December 2018

[4] Criminal Procedure Code, 1973

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