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.

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