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Marital rape UPSC NOTE

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  What is the Legal Provision Under Challenge? Exception 2 to Section 375 of IPC: This provision states that sexual intercourse by a man wit...

 What is the Legal Provision Under Challenge?

  • Exception 2 to Section 375 of IPC: This provision states that sexual intercourse by a man with his wife, provided she is over 18, does not constitute rape.

  • It also includes Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, which supersedes the IPC provision.

What Rights Does It Infringe Upon ?

  • Right to Equality: Article 14 is violated as it creates different classes of victims, denying married women protections extended to unmarried women.

  • Right to Non-Discrimination: Article 15(1) is infringed as it disadvantages married women.

  • Right to Privacy and Bodily Integrity: Article 21 is violated, as affirmed in the K.S. Puttaswamy case, which emphasizes individual autonomy over one’s body.

What Are the Contentions Advanced by Stakeholders ?

  • Petitioners argue that the provision is unconstitutional and rooted in outdated patriarchy.

  • The government contends that criminalizing marital rape could undermine the institution of marriage and lead to false allegations.

What is the ‘Doctrine of Coverture’ in English Common Law?

  • The doctrine posits that a married woman’s legal identity is merged with that of her husband, resulting in the suspension of her legal autonomy.

  • It originates from English common law, suggesting that marriage created a single legal entity where the husband holds authority.


What Was the Split Verdict Issued by the Delhi High Court in 2022?

  • Justice Rajiv Shakdher: Deemed the MRE unconstitutional, stating it violates bodily autonomy and is steeped in patriarchy, suggesting that forced sex in marriage should also be classified as rape.

  • Justice C. Hari Shankar: Argued that sexual relations within marriage create a legitimate expectation of consent, making the MRE legally valid. 

  • He believed that labeling a husband as a rapist would undermine the institution of marriage.

  • The split verdict led petitioners to approach the Supreme Court for a unified decision, acknowledging that intimate partner violence can constitute rape.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Marital rape UPSC NOTE
Marital rape UPSC NOTE
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