Re-Imagining Gender Justice Under The Bharatiya Nyaya Sanhita: A Critical Study Of Sexual Offences, Marital Relationships, And Reproductive Autonomy

Abstract

T

he​‍​‌‍​‍‌​‍​‌‍​‍‌ Bharatiya Nyaya Sanhita (BNS), as part of India's new criminal law framework, is intended to bring a fresh perspective and ultimately replace the colonial-era Indian Penal Code. To a large extent, the BNS is conceptualized as a gender-sensitive law. The new law deals with sexual offences, marital relations, and bodily autonomy more humanely and progressively. Unfortunately, a deep dive into the reform law shows that the reform goals set out and justice for women do not really align.

This research is a combination of doctrinal and socio-legal analyses to expose, through a systematic critical reading, the most problematic aspects of the BNS provisions that deal with women's rights. These include the areas of sexual violence, consent, and legal protection in marital relationships. The law makes the sexual crimes more comprehensive, and if punishing the offender is the objective, the law should work better. On the other hand, the law still retains patriarchal structures in the society as it allows the continuation of the marital rape exemption, the consent to sexual intercourse is narrowly conceived, and reproductive choice and bodily integrity are not sufficiently recognized, among other things.

These gaps in the law signify the legislator's unwillingness to address the issue of gender inequality deeply ingrained in society. The paper argues that a real change in gender justice issues can only be achieved if the criminal law is in harmony not only with constitutional morality and the equal rights guaranteed by the constitution but also with feminist jurisprudence and international human rights norms placing women's autonomy and dignity at the forefront.