Relevance: GS II (Polity & Social Justice) | Source: The hindu

1. What is the News?

The Delhi High Court has asked the Central Government to urgently fix a major mistake in the new Bharatiya Nyaya Sanhita (BNS) (the law that replaced the British-era IPC).

The Mistake: The new law completely forgot to include a punishment for “non-consensual unnatural sex” (forced sexual assault against men or transgender persons).

2. The Main Problem: The Legal Gap

To understand the issue, we must look at how the law changed:

The Old Law (IPC): Section 377 used to punish all “unnatural sex.” In 2018, the Supreme Court ruled that consensual sex between adults is perfectly legal. However, the court kept Section 377 alive specifically to punish forced (non-consensual) acts.

The New Law (BNS): When the government wrote the new BNS, they completely deleted Section 377. But they forgot to add a replacement rule for forced unnatural sex.

Why is this dangerous? In India, the standard legal definition of “rape” is gender-specific—it mostly applies when a man assaults a woman. With Section 377 gone, if an adult man or a transgender person is sexually assaulted, there is currently no clear, strict law to punish the attacker.

3. Why it Matters

Right to Equality & Life (Articles 14 & 21): Every citizen has the right to bodily safety and dignity. Leaving men and the LGBTQ+ community without legal protection against sexual assault violates their fundamental constitutional rights.

The Need for Gender-Neutral Laws: This crisis proves that India urgently needs to debate “gender-neutral” sexual assault laws. This means the law should focus purely on the crime of the assault, regardless of whether the victim is a man, woman, or transgender person.

The “UPSC Trap”

The “Gender-Neutral” Trap: UPSC will try to trick you by saying, “The new BNS modernized the justice system by making all rape laws completely gender-neutral.” Incorrect. The BNS still largely defines rape as a crime by a man against a woman. This is exactly why deleting Section 377 has created such a huge legal problem for male and transgender victims.

UPSC Value Box

Q. With reference to India’s criminal laws and constitutional rights, consider the following statements:

The newly enacted Bharatiya Nyaya Sanhita (BNS) defines the crime of rape in a completely gender-neutral manner.
In the Navtej Singh Johar case, the Supreme Court completely struck down Section 377 of the IPC, legalizing all forms of unnatural sex, including forced acts.
Article 21 of the Indian Constitution obligates the State to protect the bodily autonomy and dignity of all citizens, irrespective of their gender.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Correct Answer: (b)