Nightly Rape: A reinterpretation of the marital rape exception in India
By: Jaising, Indira
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Material type: 
BookPublisher: Economic & Political Weekly Description: c.Subject(s): Law, Indian Penal Code (IPC), Section 375, Exception 2, Marital Rape Exception, Sexual Abuse, Constitutional Rights, Equality, Dignity, Contemporary Legal Interpretation, Criminal Liability
In:
Economic & Political WeeklySummary: This paper critically analyzes the plain language of Section 375, Exception 2 of the Indian Penal Code, widely referred to as the “marital rape exception.” The author argues for an alternative interpretation that would hold husbands liable for sexual abuse under Section 375. The discussion emphasizes constitutional compulsions requiring a contemporary reading of the law consistent with the fundamental rights of equality and dignity. By challenging traditional interpretations, the paper highlights the need for legal reform to align criminal law with constitutional values and human rights principles. The plain language of Section 375, Exception 2 of the Indian Penal Code is critically analysed in this paper. It is commonly believed and referred to as the “marital rape exception.” I argue for an alternative reading of the exception which would hold husbands liable for sexual abuse under Section 375 of the IPC. Constitutional compulsions require a contemporary reading of the law consistent with the right of every individual to equality and dignity. – Reproduced
https://www.epw.in/journal/2024/26-27/review-womens-studies/nightly-rape.html
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
|---|---|---|---|---|---|---|
Articles
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Indian Institute of Public Administration | 59(26), 29 Jun, 2024: p.8-14 | Available | AR133194 |
This paper critically analyzes the plain language of Section 375, Exception 2 of the Indian Penal Code, widely referred to as the “marital rape exception.” The author argues for an alternative interpretation that would hold husbands liable for sexual abuse under Section 375. The discussion emphasizes constitutional compulsions requiring a contemporary reading of the law consistent with the fundamental rights of equality and dignity. By challenging traditional interpretations, the paper highlights the need for legal reform to align criminal law with constitutional values and human rights principles. The plain language of Section 375, Exception 2 of the Indian Penal Code is critically analysed in this paper. It is commonly believed and referred to as the “marital rape exception.” I argue for an alternative reading of the exception which would hold husbands liable for sexual abuse under Section 375 of the IPC. Constitutional compulsions require a contemporary reading of the law consistent with the right of every individual to equality and dignity. – Reproduced
https://www.epw.in/journal/2024/26-27/review-womens-studies/nightly-rape.html
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