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Marital Rape is Antithetical to Equality and Autonomy
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Context
The recent Madhya Pradesh High Court ruling on marital rape has reignited the debate over its criminalization in India, highlighting inconsistencies and contradictions within the legal framework regarding women's autonomy and rights.
Legal Landscape and Judicial Interpretations:
- Madhya Pradesh High Court Ruling: The court held that non-consensual sexual acts by a husband with his wife aged 15 and above do not constitute rape, sparking controversy and debate on the issue.
- Inconsistent High Court Judgments: Contradictory judgments from different high courts, such as the Gujarat High Court's progressive stance recognizing women's autonomy in marriage, contrast with the Chhattisgarh High Court's reinforcement of marital rape exemption.
- Supreme Court's Observations: In Independent Thought vs Union of India (2017), the Supreme Court raised the marital exemption age to 18. However, the Bharatiya Nyaya Sanhita, 2023, replacing the Indian Penal Code, fails to address marital rape.
Constitutional and Human Rights Perspectives:
- Violation of Women's Rights: The marital rape exemption in Section 375 of the IPC undermines women's individual agency and bodily autonomy, violating the constitutional guarantees of right to life and non-discrimination.
- Split Verdict in Delhi High Court: In 2022, a split verdict on the constitutionality of the marital rape exception reflected the ongoing legal and societal debate, with differing opinions on the role of consent within marriage.
- Justice Verma Committee Recommendations: The 2012 committee advocated for the deletion of the marital rape exemption, emphasizing that consent should not be presumed in marriage, but the recommendations were not adopted by Parliament.
Societal and Policy Implications:
- Legislative Reluctance: Despite recommendations and proposed bills, such as Shashi Tharoor's 2018 bill aiming to criminalize marital rape, the Union government has shown reluctance, citing potential destabilization of the institution of marriage.
- Changing Notions of Marriage: Modern perspectives on marriage emphasize equality and individual rights, challenging traditional patriarchal norms that view women as subservient within the marital relationship.
- Intimate Partner Violence Recognition: The Supreme Court in X vs The Principal Secretary (2022) recognized intimate partner violence, including marital rape, for purposes of the Medical Termination of Pregnancy Act, highlighting the need for a rights-based legal approach.
UPSC Mains Questions:
Q. Discuss the constitutional and human rights implications of the marital rape exemption in Indian law. How does it conflict with the principles of gender equality and women's autonomy?
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