This audacious linguistic shift signifies not only a modern legislative approach but also a subtle yet impactful gesture towards promoting and recognising the diversity of identities in today’s society. The Act received the President’s assent on August 11, 2023, thereby becoming a transformative law that safeguards digital privacy.

Gender Neutrality in Contemporary Legislative Approaches

The innovative use of gender-inclusive pronouns is reflective of a broader global trend where feminism is increasingly influencing legislative initiatives. The incorporation of gender-neutral language in the Digital Personal Data Protection Act, 2023, builds upon the foundation laid by various historical and contemporary feminist movements. This inclusionary language in the Act not only aligns with this legacy but also represents a proactive step towards erasing linguistic gender biases. The resonance of the gender-neutral approach taken in the Act finds a parallel in the Kerala Public Health Bill, 2023 passed by the Kerala State Assembly in March 2023, which also adopted feminine pronouns, albeit within the context of the State Legislation. This step highlights an emerging trend towards inclusivity and sensitivity in policy-making across India.

The trajectory of gender neutrality within the Digital Personal Data Protection Act, 2023, reverberates with the intricate threads of legal precedent. By weaving the principles set forth in the NALSA judgment[1], the Act elucidates a comprehensive vision of gender inclusivity. The Act’s recognition of gender beyond the binary reflects jurisprudential ethos that reverberates with constitutional principles. It epitomises the ethos of the NALSA judgment, where the Courts affirmed the right to self-identify gender, emphasising perception over biology.

It’s interesting to note the interpretation of the term “person” within the General Clauses Act, 1897 specifically under Section 3(42); the expansive definition encompasses entities beyond individual human beings, encapsulating companies, associations, and bodies of individuals, whether incorporated or not. Intriguingly, the Act refrains from providing an explicit definition of “person” but under Section 2(y) of the Act, it is specified that “’she’ in relation to an individual includes the reference to such individual irrespective of gender”. This astute approach seamlessly aligns with the broader legal canvas, showcasing a nuanced understanding of legal intricacies.

Conclusion

The Digital Personal Data Protection Act, 2023, stands as a testament to the symbiotic relationship between evolving jurisprudence and legislative evolution. Its endorsement of gender-neutral pronouns not only signifies a linguistic transformation but also echoes the judicial strides made in recognising the rights of transgender persons. As the Act navigates the legislative process, it underscores the metamorphosis of legal thought, harmonising constitutional ideals with contemporary societal nuances. It remains to be seen whether the pronouns “she/her” would be used more frequently in laws enacted in the future.