WHERE LAW FAILS TO BE GENDER NEUTRAL?

Abstract

The Constitution of India ensures equal rights to every citizen of India despite the differences prevailing between them. For instance, Article 15(1) deals with protection against discrimination. No person can be violative of a person's fundamental right on the grounds of race, religion, place of birth and gender. However, is it absolute? 'Gender' in the Indian legal system plays a major role as a result of its History. Women in pre-independent were ill-treated. This practice in the form of oppression exists in some parts of India till date. As a result, so many laws are exclusively enacted to protect their rights, which by default push a person of any other gender into a disadvantage. This article dives deep into the need of Gender Neutral Laws in India.