Neves Jujevaz Dsouza, LLM- IPL, School of Law, Christ University, Bangalore
ABSTRACT
Section 375 of the India Penal Code covers rape as an offence, but excludes marital rape (unless the wife is below 18 years of age). This exemption renders married women vulnerable, and supports the outdated strongly patriarchal societal concepts. This paper intends to analyse the lacunae and remedies in this regard. Juxtaposing these conventions and doctrines against the fundamental concepts of freedom and personal liberty. Exemplifying, the doctrine of coverture which serves as a directive principle of sorts, conflicts with an individual’s fundamental rights. The current law also discriminates against married women. Within India itself, multiple high courts have had conflicting interpretations and views on marital rape as a concept. The western world is relatively more evolved, with separate coverage of spousal rape. Considering the societal structure India, it is the need of the hour to address this issue.
