हिंदी

Constitutional validity of marital rape in India with respect to Section 375 of IPC, 1860

The rationale of marital rape is assumed on marital unity for some kind of estoppel, retracting wives
from unwanted sexual advances made by their husbands. The major implication of Section 375 of Indian Penal Code, 1860 is that it is narrowed down to rape of female not falling under the ambit of marital relationship. If loosely translated, in the institution of marriage, the entity of husband and
wife is treated as one and this marital status acts as a licence for husbands to rape their wife with full freedom, thus, reflecting the notions of patriarchy existing till date.

This content is for Annual Membership members only.
Login Join Now

Recommended For You

About the Author: Legally Speaking Desk

Supreme Court To Hear Contempt Plea Against Nishikant Dubey Next Week Bad News For Bangladesh’s Muhammad Yunus! Sheikh Hasina Planning To Return To Her Country Swargate Bus Rape Case: Accused Remanded To Judicial Custody Till Mar 26 Centre, Delhi Govt Should Decide Over Sainik Farm Regularisation: Delhi HC SC Slams States, Union Territories For Not Filing Status Reports