GAPS IN GENDER NEUTRAL LAWS: THE SIDE THAT GOES UNHEARD

AUTHOR – BHUMIKA KIRAN DUBEY, STUDENT AT KES’S SHRI JAYANTILAL H. PATEL LAW COLLEGE

BEST CITATION – BHUMIKA KIRAN DUBEY, GAPS IN GENDER NEUTRAL LAWS: THE SIDE THAT GOES UNHEARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 68-74, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

When we look at the evolution of legal systems across the world throughout the years we can see the reflection of a constant attempt towards achieving justice, equality as well as fairness. But, despite the constitutional guarantees that grant us equality, a significant gap is still visible in the implementation as well as formulation of gender- neutral laws. Historically, legal frameworks, especially in countries such as India, have been shaped by patriarchal structures that necessitated protective legislation for women. While such laws were essential and important to address the systematic oppression that has been faced by women, they have been failing to accommodate the realities of a diverse and evolving society and this side of the laws has been criticized.

This research paper is addressing a very important question and that is : To what extent do current legal frameworks fail to achieve gender neutrality, and how can we effectively address these gaps? It argues that while these laws were justified in the past and were important for the protection of women, there continued dominance has created legal blind spot which can be seen affecting men, as well as the LGBTQ+ community to an certain extent. The paper examines gaps in criminal laws, family laws as well as constitutional interpretation, it highlights the issues such as exclusion of male victims, lack of protection for LGBTQ+ community and misuse of laws that were established to protect a particular gender.

The paper suggests some changes that can be brought and concludes that saying that gender neutral reforms and laws must be achieved does not amount to saying that  laws related to protection for women should be undermined but it means that justice for all individuals should be brought and expanded.

KEY WORDS: Gender Neutrality, Legal system, Laws, LGBTQ+, Inclusivity, Equality, Constitution