Criminalising Marital Rape

👉 A batch of petitions seeking criminalisation of marital rape, has been filled in the Delhi High Court.

👉The petition seeks to amend the criminal law, which includes Section 375 (rape) of the Indian Penal Code (IPC).

👉The grounds for “marital immunity” for rape prosecution have emerged from the patriarchal discourse in society.

👉Under the impact of the second wave of feminism in the seventies, Australia became the first common law country to pass reforms in 1976 and after it, many Scandinavian and European countries made rape in marriage a criminal offence.

👉Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age, also known as the “marital rape exception”.

👉This exception clause violates the women’s fundamental right to equality, freedom of speech and expression, and most of all the right to life and personal liberty.

👉The Justice J. S. Verma Committee, constituted in the aftermath of the horrific Nirbhaya gang rape in 2012.


#prelims2022 #importantTopics #MaritalRape #fundamentalRight #Women #CurrentAffairs2022 #UPSC #Polity


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