21st May 2022 (8 Topics)
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Non-consensual intercourse after marriage
On May 10, 2022, a two-judge panel of the Delhi High Court issued a divided decision on marital rape, securing a future hearing before the Supreme Court. The legal fights will undoubtedly continue, but now may be an appropriate time to explore the issues at hand.
Provisions for Marital Rape:
- Section 375 of the Indian Penal Code (IPC) defines rape as any type of sexual assault involving non-consensual contact with a woman.
- Exception 2 to Section 375, provides a non-criminal status to sexual intercourse without the consent of the wife and immunizes such actions of the husband.
- The idea of marital rape is the acme of 'implied consent'; a married relationship between a man and a woman indicates agreement to sexual contact on both sides.
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