sexual intercourse

Marital Rape Jurisprudence: Inconsistencies Reaffirming Cruelty Based on Age

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Cruelty anywhere is sickening, but cruelty within marriage is ironic and sickening! Marital rape has been a contested issue since time immemorial. The issue resurfaced after the recent Bombay High Court’s ruling on 12th November 2024, wherein a man’s 10-year jail sentence for committing rape on his minor wife, was upheld. While there is no fault in the court’s decision, the news brought me to many realizations relating to the inconsistencies that plague rape laws in India.

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Marital Rape in India: An Outdated Legislation

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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.

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Indian Judiciary on Rape Cases

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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.

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Marital Rape: A Social and Legal Paradox

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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.

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