Gender neutrality is the concept of eliminating gender-based discrimination and bias and promoting gender equality by treating all individuals, regardless of their gender identity, in the same way. In recent years, there has been a growing awareness of gender identity and rights in India, leading to the introduction of several initiatives towards gender neutrality.

One significant development in this regard is the legal recognition of the third gender or transgender people. In 2014, the Supreme Court of India recognized the transgender community as a third gender and directed the government to take affirmative action to provide equal opportunities and rights to transgender people.

Additionally, various government policies and programs have been implemented to promote gender equality and eliminate discrimination. For instance, the Beti Bachao Beti Padhao campaign was launched in 2015 to address the declining trend of the girl child ratio in India and promote gender equality. Similarly, the Sukanya Samriddhi Yojana scheme was launched to encourage parents to save money for the education and future of their daughters.

Moreover, several private organizations and individuals have also been advocating for gender neutrality and inclusivity. For example, some companies have implemented gender-neutral dress codes, restrooms, and policies to provide equal opportunities and benefits to their employees. However, despite these efforts, there is still a long way to go towards achieving true gender neutrality in India.

Discrimination and biases based on gender identity, sexual orientation, and gender expression continue to be prevalent in many aspects of Indian society. It is crucial to continue promoting awareness, education, and advocacy towards gender neutrality and equality to create a more inclusive and just society.

Objectives:
The main objective of the research paper is to focus on the gender neutrality in law and the problems relating thereto.

The specific objectives are:

1. To find out the gender neutrality in law
2. To discover out challenges before neutrality in law.
3. To enumerate the initiatives that must be taken by the government to increase gender neutrality in law.

Research Methodology:
To address the gender neutrality in law the research paper adopted a pre-dominantly review approach. The study has been conducted mainly on the basis of secondary information. Various journals and research papers, diagnostic study and survey reports, newspaper articles and books have been surveyed in this study.

Judiciary on Gender neutrality in law:
The issue of gender neutrality in Indian law has been a contentious one. While there have been some positive legal developments, there is still a long way to go in recognizing gender neutrality in Indian law. One of the landmark cases in this area is National Legal Services Authority v. Union of India (2014), commonly known as the NALSA case. In this case, the Supreme Court recognized the right of transgender individuals to self-identify their gender and directed the government to provide them with legal recognition as a third gender.

The court held that gender identity is an integral part of a person's personality and the right to self-identification is an inherent part of personal autonomy and self-expression. However, despite this progressive judgment, there are still several laws that remain gender-specific and discriminate against transgender individuals. For example, Section 377 of the Indian Penal Code criminalized homosexual conduct until it was struck down by the Supreme Court in Navtej Singh Johar v. Union of India (2018). Similarly, the Indian adoption laws only allow married couples to adopt a child, effectively excluding single individuals and same-sex couples from adopting.

There have been other cases where the judiciary has failed to recognize gender neutrality in law. For example, in Anuj Garg v. Hotel Association of India (2008), the Supreme Court held that a woman cannot be accused of sexual harassment, as the definition of sexual harassment in the law at the time only applied to men harassing women. It was only in 2013 that the definition of sexual harassment was amended to include gender-neutral language.

In another case, Yusuf Abdul Aziz v. State of Bombay (1954), the Supreme Court held that only men could be charged with adultery, effectively treating women as property of their husbands. It was only in 2018 that the Supreme Court struck down this archaic law and recognized the right of women to equality in marriage. while there have been some positive legal developments in recognizing gender neutrality in Indian law, there is still a long way to go in ensuring that all laws are gender-neutral and do not discriminate against any individual on the basis of their gender identity or sexual orientation.

Indian constitution on gender neutrality in law:
India's constitution does not explicitly mention gender neutrality, but it does have provisions that aim to eliminate discrimination based on gender and promote gender equality.

• Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This means that discrimination based on gender is not allowed.
• Article 16 guarantees equality of opportunity in matters of public employment. This means that women are entitled to equal opportunities in employment and cannot be discriminated against on the basis of gender.
• Article 39(a) of the Indian Constitution mandates that the State shall direct its policy towards securing men and women equal right to an adequate means of livelihood.
• Article 42 directs the State to make provisions for securing just and humane conditions of work and maternity relief for women.

In addition to these constitutional provisions, India has also enacted several laws and policies that aim to promote gender equality and eliminate discrimination based on gender. For instance, the Protection of Women from Domestic Violence Act, 2005 provides for the protection of women from domestic violence and abuse.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 makes it mandatory for all workplaces to have policies and procedures in place to prevent sexual harassment of women. while India's constitution may not explicitly mention gender neutrality, it does contain provisions that promote gender equality and aim to eliminate discrimination based on gender.

Recent developments:
India has made some recent developments in promoting gender neutrality in law. Here are some notable developments:

Transgender Persons (Protection of Rights) Act, 2019:
In November 2019, the Indian government passed the Transgender Persons (Protection of Rights) Act, which recognizes the rights of transgender persons and prohibits discrimination against them. The Act provides for the establishment of a National Council for Transgender Persons, which will advise the government on transgender issues.

Personal laws:
In India, personal laws govern matters such as marriage, divorce, and inheritance. Recently, there have been efforts to reform these laws to make them more gender-neutral. For example, the Indian government has passed laws that allow Hindu women to be the legal guardians of their children, regardless of whether they are married or divorced. The government has also proposed a Uniform Civil Code, which would replace the existing personal laws with a single, secular code that would apply to all citizens.

Sexual harassment:
In 2013, the Indian government passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, which requires all employers to establish mechanisms to prevent and redress sexual harassment at the workplace. The Act is gender-neutral and protects both men and women.

Right to inherit property:
The Indian government has passed laws that grant women equal rights to inherit property, which was not the case in the past. For example, the Hindu Succession Act, 1956 was amended in 2005 to grant daughters equal rights to inherit ancestral property.

Role of POCSO in gender neutral law in India:
POCSO (Protection of Children from Sexual Offences) Act, 2012 is a gender-neutral law in India that is designed to protect children below the age of 18 from sexual abuse and exploitation. The law covers a wide range of offenses, including sexual assault, sexual harassment, and pornography. The POCSO Act, being gender-neutral, applies equally to both male and female children.

It recognizes that children of all genders are vulnerable to sexual abuse and aims to provide equal protection to all children. This is a significant step towards promoting gender equality and protecting the rights of all children. Section 2(d) of the act explains "child" means any person below the age of eighteen years. Which means the act deals with sexual offences against child.There is no differential between a girl child or boy child, act only deal with child includes boy child and girl child.

Social institutions working for gender neutrality in law in India:
In India, there are several social institutions working towards promoting gender neutrality in law. Here are a few notable ones:

• Lawyers Collective:
  Lawyers Collective is a legal advocacy group that works towards advancing human rights, especially the rights of women and marginalized groups. They have been instrumental in pushing for progressive legislative reforms and judicial pronouncements related to gender equality.
   
• Centre for Social Research (CSR):
  The Centre for Social Research is a non-governmental organization that works towards gender equality and women's empowerment. They have been working towards gender-neutral laws and policies in India, particularly in areas such as domestic violence and sexual harassment.
   
• All India Democratic Women's Association (AIDWA):
  The All India Democratic Women's Association is a feminist organization that aims to promote women's rights and gender equality in India. They have been actively campaigning for gender-neutral laws and policies in the country, particularly in the areas of marriage and inheritance.
   
• Human Rights Law Network (HRLN):
  The Human Rights Law Network is a network of lawyers and activists who provide legal assistance and representation to marginalized communities. They have been working towards gender neutrality in laws related to marriage, adoption, and property rights.
   
• National Commission for Women (NCW):
  The National Commission for Women is a statutory body established by the Indian government to promote and protect the rights of women in the country. They have been advocating for gender-neutral laws and policies in India and have made several recommendations to the government in this regard.
  
  These are just a few examples of the social institutions working towards gender neutrality in law in India. There are several other organizations and individuals who are working towards this cause, and their efforts are crucial for achieving gender equality in the country.
   
• Social aspects:
  Gender neutrality in law in India refers to the concept of removing gender-based discrimination and biases in laws, policies, and practices. The social aspects of gender neutrality in law in India are complex and multifaceted, as they relate to the ways in which gender is constructed, experienced, and represented in Indian society.
  
  One of the primary social aspects of gender neutrality in law in India is the promotion of gender equality and the elimination of gender-based discrimination. This can include addressing issues such as unequal pay, domestic violence, and access to education and employment opportunities, among others. By removing legal barriers that discriminate against individuals on the basis of gender, gender-neutral laws can help to create a more equitable and just society.
  
  However, gender neutrality in law in India also faces resistance and challenges from various social groups and communities, who may hold conservative or traditional views regarding gender roles and identities. For example, there has been opposition to gender-neutral laws related to marriage, divorce, and inheritance, which are seen as challenging traditional patriarchal norms and values. Moreover, the implementation of gender-neutral laws in India can also be hindered by the lack of awareness and understanding among the general population, as well as by the limited resources and capacity of the legal system to enforce such laws effectively.
  
  Thus, addressing the social aspects of gender neutrality in law in India requires a comprehensive approach that involves education, awareness-raising, and capacity-building efforts, as well as collaboration between various stakeholders, including government, civil society, and the private sector.
   
• Challenges:
  India has made progress towards gender equality in recent years, but there are still significant challenges in achieving gender neutrality in law. One major issue is the persistence of gender-based discrimination and bias, which can be reinforced by outdated laws and legal processes that fail to adequately protect the rights of women and members of marginalized gender identities. In particular, there are several areas where gender neutrality in law remains a challenge in India. These include:
   
• Family Law:
  India's family laws continue to be rooted in patriarchal traditions and often reinforce gender stereotypes. For example, the Hindu Succession Act of 1956, which governs the inheritance rights of Hindus, gives preferential treatment to male heirs. Similarly, the Muslim Personal Law (Shariat) Application Act of 1937, which governs Muslim personal law, also contains provisions that discriminate against women, particularly in the areas of marriage, divorce, and inheritance.
   
• Criminal Law:
  Although India has enacted a number of laws to address gender-based violence, including the Protection of Women from Domestic Violence Act and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, there are still gaps in the legal framework that make it difficult to hold perpetrators accountable. For example, the Indian Penal Code still does not recognize marital rape as a crime.
   
• Employment Law:
  Despite constitutional guarantees of gender equality, women still face significant discrimination in the workplace. Laws such as the Equal Remuneration Act, which requires equal pay for equal work, are not always enforced, and women are often denied opportunities for promotion and advancement.
   
• LGBTQ+ Rights:
  India has made significant strides in recent years in recognizing the rights of LGBTQ+ individuals, including the landmark 2018 Supreme Court decision that decriminalized consensual same-sex relations. However, there are still no explicit protections for LGBTQ+ individuals in Indian law, and discrimination and violence against this community remain widespread.
  
  To address these challenges, India needs to adopt a more inclusive and gender-neutral legal framework that protects the rights of all individuals, regardless of their gender identity. This will require not only changes to existing laws but also a cultural shift towards greater gender equality and a more inclusive society.
   

Conclusion:
While these developments are positive steps towards promoting gender neutrality in law, there is still a long way to go. Gender-based discrimination and violence continue to be major issues in India, and more needs to be done to ensure that all individuals are treated equally under the law.

Many laws and policies continue to reinforce traditional gender roles and stereotypes. Furthermore, discrimination and violence against individuals based on their gender identity or sexual orientation remain pervasive. There is a need for continued efforts to promote gender equality and eliminate all forms of discrimination based on gender.

References:

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• 2: Gender neutral, https://www.indialegallive.com/magazine/rape-sexual-assault-gender-neutral-laws/, (Accessed: May 6, 2023)
• 3: Indian kanoon, www.Indiankanoon.com, (Accessed: May 8, 2023)
• 4: Avni Bhayani, Role of Indian legal system in protecting gender equality in India, The mikus quriae, (Accessed: May 4, 2023), 5:38, Available at: https://theamikusqriae.com/role-of-indian-legal-system-in-protecting-gender-equality-in-india/
• 5: The Indian constitution, Allahabad Law Publications, 2020