Analysing the Scope of Gender-Neutral Approach in Indian Rape Laws: Critical Lessons from the UK, South Africa, and European Union (with a Specific Focus on Sweden)

Abstract

Rape is often considered as a crime against a woman’s virtue. However, cases of male rape and sexual violence against members of the LGBTQ+ community can-not be overlooked. Though such cases are much underreported as compared to male-on-female rape, every victim of sexual violence should have legal recourse, regardless of gender, at the very least from a human rights perspective. In India, however, rape is classified as a gender-specific offence. To provide deeper insights into the issue, this paper examines two key questions: (1) What factors contribute to the persistence of gender-specific laws in India; and (2) What can be learned from a critical analysis of gender-neutral rape laws in the UK, South Africa, and European Union, with a particular focus on Sweden? Additionally, the paper explores the potential for India to adopt relevant legal principles from these jurisdictions.