Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, January 26, 2022

Will Marital Rape Remain Constitutional in India?

From India Today:

In the process of hearing final arguments in a series of public interest litigations (PILs) challenging the "marital rape exception" clause in Section 375 of the Indian Penal Code (IPC). The Delhi High Court is facing a big challenge on the issue of whether marital rape should be constitutional.

The exception provides that any sexual act performed by a man on his own wife is not rape as long as the wife is not a minor. The ongoing debate focuses on man's rights in a marraige. The issue is more complex when minor marriage is not prohibited in India.

Martial rape has legal and societal concerns. For example, the issue of social disharmony, damage to marriage and family systems, the definition of consent and whether implied consented is included, and the expectation of conjugal relationship and the social construct of marriage based on implied sexual and emotional companionship.

Read more here.

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