marital rape Archives

The Great Indian Wedding Gifts

Guest Author08/12/2024032 views

I was around five or six when my paternal uncle married my paternal aunt, prompting a huge celebration in the family that people from all parts of the state of Odisha came to attend. I do not remember the size of the wedding; only the joy of meeting a new family member who I felt was sure to love and care for me. It was years later I learned that my grandparents had one strict rule for both their sons’ weddings that they printed on all wedding cards: “Please bring only blessings, no gifts”.

A Sign of Obsoleteness: Marital Rape exception in the Bhartiya Nyaya Sanhita

Guest Author08/12/2024029 views

The marital rape exception (referred to as the ‘MRE’ by the Delhi HC) has been a contentious issue in the legal world. The introduction of new criminal laws, that have come into effect on 1st July, have fuelled the debate further. The Bhartiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), as the ruling government claims, intends to wipe out archaic traces of the colonial era embedded in the IPC. However, marital rape being retained in the new law, as an exception to the rape offence, has attracted criticisms that question the very purpose of the criminal law overhaul in the country. This article aims to evaluate judicial views on this matter while making a strong case for deleting the MRE to uphold individual liberty.

Marital Rape in India

Guest Author08/12/2024031 views

Domestic violence in India is an entrenched problem, and it has only been exacerbated in recent years. According to the National Crime Records Bureau’s (NCRB) ‘Crime in India’ 2019 report, about 70% of women in India are victims of domestic violence. One such manifestation of this domestic violence is Marital rape. Marital rape, forcing your spouse into having sex without proper consent, is an unjust yet not uncommon way to degrade and disempower women.

Marital Rape – Let’s Talk of it

Guest Author08/12/2024029 views

Let’s talk of ‘rape’,
Let’s talk of rape,
but without ceasing its ‘marital’ prefix

Marital Rape in India: An Outdated Legislation

Guest Author08/12/2024021 views

The doors of Delhi High Court have been fluttering since last one month with voices being raised to criminalize exception 2 Section 375 of the Indian Penal Code (IPC). All India Democratic Women Association, RIT Foundation and two other organizations are behind putting forth this initiative. The Court has been going through the legality of the exception and whether it serves any purpose in modern-day India or is it just a colonial provision still draping in the books of the criminal manual.

Indian Judiciary on Rape Cases

Guest Author08/12/2024027 views

Rape has been defined under Section 375 of the IPC (Indian Penal Code, 1860), which states that rape is said to have been committed when a man has sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation, or fraud or at a time when she has been intoxicated or duped or is of unsound mental health and in any case if she is under 18 years of age.

Kerala HC Declares Marital Rape as a Ground for Divorce

Guest Author08/12/2024022 views

Last week, a Division Bench of the Kerala High Court in Mat. Appeal No. 151 of 2015 held that marital rape is a good ground to claim divorce. The Bench comprising Justice Muhamed Mustaque and Justice Kauser Edappagath dismissed a set of appeals filed by the husband challenging the decision of the Family Court, recognizing that “a husband’s licentious disposition disregarding the autonomy of the wife is marital rape” which amounts as physical and mental cruelty.

Marital Rape: A Social and Legal Paradox

Guest Author08/12/2024026 views

Despite 75 years of independence, the social status of women in India still stands in shadows. Grievous crimes and alarming rates of pending cases portray the loopholes in the legal machinery of the Indian legal system. One such appalling act is that of Rape – where the dignity and self-respect of a woman is bruised beyond contemplation.