Women’s right against marital rape exception: A constitutional analysis
- Bihar Journal of Public Administration
- 19(25), Jul-Sep, 2022: p.26-34
The issue of women’s rights against immunity to husband from being prosecuted for marital rape has been under serious debate, particularly after passage of Criminal Law Amendment Act, 2013 and a landmark judgement of Supreme Court. But under the new situation, only the minor wives, below the age of 18 years, are protected from forced sexual intercourse by husbands. However, the Supreme Court left the protection of rights of the major wives against marital rape to the mercy of legislature. Now the issue of protection of rights of women, having attained the majority, from marital rape hangs in balance. Exception 2 of section 375 of Indian Penal Code (IPC) is still there and so is the controversy. As the women have every right to enjoy fundamental rights granted by the Constitution, the major wives do also enjoy these rights. In this context, the pertinent question is - should major wives not enjoy these fundamental rights? Are constitutional provisions not applicable to them? For last few years the section 375 exception 2 of the IPC has been subject to various litigation and discussions without any conclusive outcome. As such, the present paper intends to analyse the constitutional provisions and judicial verdicts in the light of rights of women against exception 2 of section 375 of IPC.- Reproduced
Marital rape, Women’s fundamental rights, IPC, Major wives, Supreme Court.