GENDER JUSTICE AND PROTECTION OF VULNERABLE SECTIONS UNDER BHARATIYA NYAYA SANHITA (BNS)

The Bharatiya Nyaya Sanhita (BNS), a criminal statute in India, seeks to reform the criminal
justice system with a focus on enhancing justice delivery and safeguarding the rights of
marginalized and vulnerable sections of society. One of its pivotal features is its emphasis on
gender justice and the protection of vulnerable sections, which align with contemporary
concerns for inclusivity and equality.

The BNS recognizes the necessity to protect women, children, and other vulnerable groups,
including marginalized castes, minorities, and economically disadvantaged communities. It
aims to address systemic gender-based violence, including rape, sexual harassment, and
domestic violence, by strengthening provisions that ensure more stringent penalties and
comprehensive support systems for survivors. Importantly, the BNS introduces specific
clauses aimed at gender-neutral language, striving to eliminate bias in criminal law and
recognizing the multiplicity of gender identities, moving beyond the conventional binary.
For vulnerable sections, the BNS proposes the creation of special legal provisions that aim to
provide protection against exploitation, trafficking, and harmful practices such as bonded
labor, child labor, and discrimination based on caste, class, or disability. The draft code also
aims to ensure better access to justice for these groups by providing for more accessible and
sensitive procedures in legal proceedings, with mechanisms for legal aid and protective
custody where necessary.