Articles
Gender Neutrality In Law , State & Society
Abstract
An interdisciplinary approach is attempted in this paper to analyse the interplay between gender neutrality and
access to justice. While gender neutrality is often said to be a very progressive idea in law, a host of new problems
are generated when it is applied in a postcolonial society like India. The paper draws from the disciplines such
as law, political science, international relations, history, and statistics to criticize the assumption that neutrality
would bring forth justice all by itself.
Legal analyses show that gender-neutral laws may in fact sometimes uphold patriarchal structures when no steps
are taken to address the underlying inequalities. The political approach ponders over the questions of how
governance, policy language, and representation impact the availability of justice for gender-diverse individuals.
From a data standpoint, it illustrates how binary data catapult non-binary identities into the margins. From a
historical and international perspective, the modern laws are seated within colonial legacies and critique the
global human rights discourse for its limited inclusiveness.
We argue that gender neutrality, though important, remains alone insufficient. A meaningful framework of access
to justice must be context-sensitive, historically aware, and structurally inclusive of all gender identities.
Keywords: Gender Neutrality, Access to Justice, Constitutional Law, Gender-Based Violence, Public Policy,
Legal Reform, Colonial Legacy, International Norms, Gender Data, Inclusive Governance