Analysing The Jurisprudence Of Marital Rape Globally: Analysing Of The Feasibility Of The Offense In India
Harshavardhan Kshirsagar & Khyati Vadgama, Pravin Gandhi College of Law, Mumbai University
ABSTRACT
Marital rape does not have any specific law pointed towards the crime. Considering the question of “consent” which is taken into consideration after the late period of 90’s forcing existing laws with respect to their definitions & provisions are argued for rape, marital rape or unconsented sex.
Historically analysing, marriage is unquestionably a contract between the couples which allows the male partner to perform sexual intercourse with the female partner with respect to the marriage contract, the term “consent” was flashed later when unconsented intercourse resulted in issues which are criminalised prior to the above issue. It was in “Govt. of NCT of Delhi v/s Pankaj Choudhary & ors” that consent was reflected which stated “Assuming that Prosecutrix was of easy virtue, she had right of refusing herself from submitting her to sexual intercourse”.
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