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Criminalizing Marital Rape in India

  Feb 18, 2022

Criminalizing Marital Rape in India

Q What is the context  ?

A The Delhi High Court has told the Centre that it will continue hearing the petitions challenging the legal exception to marital rape and not wait for the government’s ongoing process of initiating reform in the criminal laws.

Q What is Marital Rape?

Status in India

Q What are reasons for disapproval of this concept ?

  1. Traditional views of marriage
  2. Interpretations of religious doctrines
  3. Ideas about male and female sexuality
  4. Cultural expectations of subordination of a wife to her husband

Q Why it must be a crime?

Q What is violation of fundamental rights ?

Q What are problems in prosecuting marital rape ?

Q What are present regulations in India ?

However, marital rape is still not a criminal offence in this case and is only a misdemeanour.

Q What are arguments against criminalization ?

Q What can be Way forward ?