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Laws in India that are not gender-neutral

 20 laws in India (along with relevant sections or articles) that are not gender-neutral. These laws are either explicitly designed to protect women or assume gender-specific roles, primarily based on societal norms.

Criminal Laws

  1. Indian Penal Code, 1860 (IPC)

    • Section 354: Assault or criminal force with intent to outrage a woman's modesty (specific to women).
    • Section 375: Rape (recognizes only men as perpetrators and women as victims).
    • Section 376: Punishment for rape (specific to women as victims).
    • Section 498A: Cruelty by husband or his relatives (protection for wives only).

  2. Protection of Women from Domestic Violence Act, 2005

    • Protects women from domestic abuse, excluding men as potential victims.

  3. Dowry Prohibition Act, 1961

    • Protects women from dowry demands, focusing on wives or daughters-in-law.

  4. Hindu Succession Act, 1956 (Amended in 2005)

    • Originally favored males in inheritance; amendments made daughters equal coparceners but still carry gendered assumptions in traditional practices.

  5. Muslim Personal Law (Shariat) Application Act, 1937

    • Gender-specific inheritance rules under Islamic law favoring male heirs.

  6. Special Marriage Act, 1954

    • Section 4(c): Provisions for age of marriage (different ages for men and women: 21 for men, 18 for women).

  7. Hindu Marriage Act, 1955

    • Section 13(2): Special grounds for divorce for women not available to men (e.g., husband having another wife).

  8. Indian Divorce Act, 1869

    • Provides separate provisions for women under certain circumstances, such as grounds for divorce.

  9. Hindu Adoptions and Maintenance Act, 1956

    • Allows only unmarried, divorced, or widowed women to adopt, while married women cannot adopt independently.

  10. Maternity Benefit Act, 1961

    • Offers benefits exclusively for women; no equivalent provision for paternity leave.

Labor and Workplace Laws

  1. Factories Act, 1948

    • Section 66: Restricts women from working night shifts or in hazardous industries.

  2. Equal Remuneration Act, 1976

    • Primarily addresses discrimination against women in wages and employment but assumes gender-specific biases.

  3. Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

    • Protects women from workplace harassment, excluding men as victims.

  4. The Mines Act, 1952

    • Prohibits women from working in certain mines and underground activities.

Family and Child-Related Laws

  1. Guardians and Wards Act, 1890

    • Often assumes the father as the natural guardian, favoring men in custody disputes.

  2. Hindu Minority and Guardianship Act, 1956

    • Designates the father as the primary guardian of a child, with limited rights for mothers.

Sexual Offenses and Trafficking Laws

  1. Immoral Traffic (Prevention) Act, 1956

    • Primarily addresses the trafficking of women and girls, excluding male victims.

  2. Indecent Representation of Women (Prohibition) Act, 1986

    • Focuses exclusively on protecting women from derogatory representation.

  3. Prohibition of Child Marriage Act, 2006

    • Sets different ages for marriage: 18 for girls and 21 for boys, reflecting gendered assumptions.

  4. Medical Termination of Pregnancy (MTP) Act, 1971

    • Decision-making authority lies predominantly with women but excludes consideration of the male partner's consent in many scenarios.

Key Observations

While these laws are designed to protect or address specific gender vulnerabilities, they reflect societal norms and may inadvertently exclude or discriminate against certain genders. Moving toward more gender-neutral laws can promote equality while still addressing specific vulnerabilities.

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