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Should Marital Rape Be Criminalised: Underlying Issues - Section 375 IPC




Anukriti Agarwal, Vivekananda Institute of Professional Studies

INTRODUCTION:

Section 375 of the Indian Penal Code (IPC) defines rape. It means, rape is an unlawful sexual activity between a man and a woman without the consent of the latter or against her will under any of the circumstances enumerated under the section amounts to rape. However, there was an exception to Section 375 which stated that a man's sexual intercourse with his wife, who is 15 years of age or older, does not constitute rape, even if it is not given by her free consent.

Marital rape, the act of sexual intercourse with one’s spouse without the consent of the other spouse, is a form of domestic violence and sexual abuse and is an entrenched problem that has only been exacerbated in the recent years.

Since in the Indian society the topic of rape, especially marital rape is such a taboo, 99% cases go unreported. It is considered a privilege and a right of the man to use his wife as he pleases. In spite of recent amendments in the IPC like dowry, cruelty, domestic violence, female infanticide and marital rape etc., various laws meant to protect women from sexual assault and domestic violence have largely remained ineffective.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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