Marital Rape

Marital Rape News

Appeal filed in SC against Delhi HC's split verdict on criminalisation of marital rape
India

Appeal filed in SC against Delhi HC's split verdict on criminalisation of marital rape

The petitioners had challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on grounds that it discriminated against married women who are sexually assaulted by their husbands

Marital rape: How understanding ‘context’ rather than just focusing on ‘consent’ will help resolve the issue
Opinion

Marital rape: How understanding ‘context’ rather than just focusing on ‘consent’ will help resolve the issue

It’s time we clear the ambiguity over the issue of ‘marital rape’. Either we decide to acknowledge it and make it a criminal offence, or we decide to exempt it from judicial scrutiny is a choice that the legislature and judiciary have to make

Continuance of marital rape exception egregiously problematic, says Delhi High Court's Justice Shakdher
India

Continuance of marital rape exception egregiously problematic, says Delhi High Court's Justice Shakdher

The marital rape exception makes no allowance for the circumstances in which a wife may say 'no' to sex, Justice Shakdher added

Delhi High Court delivers split verdict on criminalising marital rape, issue to be taken up by a larger bench
India

Delhi High Court delivers split verdict on criminalising marital rape, issue to be taken up by a larger bench

During the hearing of criminalising marital rape in the Delhi High Court, Justice Rajiv Shakdher said that marital rape is violative of the Constitution, but Justice C Hari Shanker upheld the validity of Section 376B and 198B

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today
India

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today

The Delhi Court had on 21 February reserved its judgement on the petitions seeking to strike down the exception granted to husbands under the Indian rape law after conducting marathon hearings on the issue

Court calls out archaic marital rape laws, now it’s time for lawmakers to hear the voices of silence
India

Court calls out archaic marital rape laws, now it’s time for lawmakers to hear the voices of silence

While there is no denying that exception of marital rape is a colonial wrongdoing, reflection is needed to understand what is taking us so long to undo this in our independent nation

India does not criminalise marital rape: Which are the countries where spousal rape is a crime?
India

India does not criminalise marital rape: Which are the countries where spousal rape is a crime?

Even as India does not recognise marital rape as a punishable offence, Karnataka High Court on Wednesday delivered a pivotal judgment that can be called groundbreaking as it said, 'rape is rape, be it by the husband'

Restitution of conjugal rights has outlived its founding rationale, undesirable for social transformation
India

Restitution of conjugal rights has outlived its founding rationale, undesirable for social transformation

Restitution of conjugal rights disproportionately impacts wife through potential marital rape, life disruption, denial of job and so on

Why we still pussyfoot around criminalising marital rape
India

Why we still pussyfoot around criminalising marital rape

As of November 2020, 36 countries had still not criminalised marital rape. Pakistan, Bangladesh, Afghanistan, Botswana, Iran, Nigeria and Libya are nations where like India, it is not a crime to rape a wife.

Marital rape: Why time has come to remove exception in the rape law provision
India

Marital rape: Why time has come to remove exception in the rape law provision

Marital rape is a menace that should be removed not just for the present generation, but as a signal for the future to treat women as equals

Indian laws compartmentalise criminality in rape cases: Notion of 'women as property' eclipses consent
India

Indian laws compartmentalise criminality in rape cases: Notion of 'women as property' eclipses consent

The law compartmentalises the criminality of rape based on the relationship of the victim to the offender. How does one even begin to talk about consent in such a culture?

Karnataka High Court’s ‘rape is rape’ order puts spotlight on marital rape: Understanding what it is and its status in India
India

Karnataka High Court’s ‘rape is rape’ order puts spotlight on marital rape: Understanding what it is and its status in India

Section 375 of the Indian Penal Code 1860 says that sexual acts by a man on a woman against her free will or consent would constitute rape. However, Exception 2 of the law exempts unwilling sexual intercourse between a husband and a wife, thus immunising such acts from prosecution

Rape is rape, be it by man or husband: Karnataka High Court on marital rape
India

Rape is rape, be it by man or husband: Karnataka High Court on marital rape

In a landmark judgement, the Karnataka High Court said that marriage is not a licence for "unleashing a brutal beast"

Delhi High Court reserves order on pleas seeking criminalisation of marital rape
India

Delhi High Court reserves order on pleas seeking criminalisation of marital rape

The court also turned down the Centre's plea seeking to defer the hearing as it "needs time to clear its stand on the issue"

Marital rape: Smriti Irani says can't condemn every man as rapist in reply to query in Rajya Sabha
India

Marital rape: Smriti Irani says can't condemn every man as rapist in reply to query in Rajya Sabha

This comes in the backdrop of Delhi High Court hearing petitions seeking to criminalise marital rape. The Indian Penal Code grants husbands exemption from prosecution for rape

Can't immediately respond to marital rape, can't be looked from microscopic angle: SC to Delhi HC
India

Can't immediately respond to marital rape, can't be looked from microscopic angle: SC to Delhi HC

Solicitor General Tushar Mehta stated that he would be doing an 'injustice to citizens' if the government's case is put in a half-hearted way and urged the court to allow a reasonable time to place their position

'Expectation' cannot lead to forcible sex with wife, amicus curiae tells Delhi HC
India

'Expectation' cannot lead to forcible sex with wife, amicus curiae tells Delhi HC

The amicus’ submissions were in response to the court’s observation that there was a “quantitate difference” between a married and unmarried relationship, with the former entailing an element of expectation of a reasonable sexual relationship.

Will exception to rape law be unconstitutional if it’s gender-neutral, asks Delhi HC
India

Will exception to rape law be unconstitutional if it’s gender-neutral, asks Delhi HC

The petitioners have challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on the ground that it discriminated against married women who are sexually assaulted by their husbands

Marital rape: Sex worker has right to say no, why not married woman, asks Delhi HC
India

Marital rape: Sex worker has right to say no, why not married woman, asks Delhi HC

Senior advocate Raj Shekhar Rao, who is appointed as an amicus curiae to assist the court, argued that husband and wife are “two equals before the law” and there is no reason “why husband’s desire to have sex trump the wife’s desire not to”

Delhi HC says marital rape exemption requires ‘serious consideration’: What you need to know
India

Delhi HC says marital rape exemption requires ‘serious consideration’: What you need to know

The court, hearing petitions challenging exception to marital rape under India’s sexual assault laws, said that it was ‘difficult to appreciate’ that rape affects only unmarried women’s dignity