Article Abstract
International Journal of Advance Research in Multidisciplinary, 2025;3(1):194-198
Gender Neutrality vs. Positive Discrimination: Balancing Equality and Protection in Criminal Law
Author : Dr. Sukhadev Ghasti
Abstract
In modern Indian jurisprudence, the conflict between positive discrimination and gender neutrality in criminal law has become a crucial topic. While positive discrimination measures, like Section 498A of the IPC, attempt to protect women against domestic violence, dowry harassment, and marital cruelty, gender-neutral laws strive to guarantee equal protection under the law regardless of gender. This essay investigates whether these particular safeguards compromise the gender neutrality concept or work in tandem with it to promote true equality. Through an analysis of legislative purpose, judicial interpretations, and comparative international frameworks, the study shows that well-crafted protective clauses can enhance gender neutrality by addressing the structural and historical disadvantages that women have suffered. At the same time, a too broad or imbalanced implementation can unintentionally violate equality standards and call for judicial review.
Keywords
Gender Neutrality, Positive Discrimination, Section 498A IPC, Domestic Violence, Equality, Indian Penal Code, Protective Legislation, Criminal Law