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Tags Current Affairs

Marital rape

Date: 13 May 2022 Tags: Judiciary & Judgments

Issue

A split verdict was delivered by Delhi High Court on the petitions filed against exemptions to marital rape.

 

Background

The current laws have given exemption to marital rape under the Indian Penal Code (IPC).

 

Details

The decision of the court was against four petitions challenging the constitutionality of the exemption to Section 375.

 

Exemptions in marital rape

  • Offence of rape under Section 375 would be committed if seven notions of consent is violated by a man.

  • The exemption says that “sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.”

  • It aims to provide marital right to a husband who can with legal sanction exercise his right to consensual or non-consensual sex with his wife.

 

Reasons for exemptions

  • The exemption will prevent wives from misusing the law against their husbands.

  • The institution of marriage will be protected through exemption.

 

Stand of the government

The centre has said that it was reviewing the law and the topic needed wider deliberations before coming to a conclusion.

 

Indication of the decision

The opinion of the judges showed that there was a belief among judiciary to do away with the exemption for marital rape.

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