Analyzing The Difference In Punishment For The Offence Of Rape Under The Principal Criminal Law - Based Upon The Marital Status Of The Victim, In The Light Of Gender Justice And Influence Of Patria...
- IJLLR Journal
- May 13
- 2 min read
Updated: May 14
Analyzing The Difference In Punishment For The Offence Of Rape Under The Principal Criminal Law - Based Upon The Marital Status Of The Victim, In The Light Of Gender Justice And Influence Of Patriarchal Ideology Over The Law
Adv. Tejas S. Rudey, ILS Law College, Pune
ABSTRACT
The contention of the second wave of feminism which is said to be observed from 1960s to 1980s mainly revolves around the term ‘patriarchy’ and oppression of women by men in some or the other aspect. Patriarchy seems to be deeply rooted in the thought process of the law makers till date as even after almost 75 – years of enactment of the Constitution which guarantees ‘equality before law, and equal protection of laws,’ it is observed that the essence of equality and reasonable classification has not been completely understood and implemented by the lawmakers as even today, the framing of laws on the lines of patriarchal ideology is observed. This seminar paper makes an attempt to highlight certain differences that prevail in the principal criminal law that is the Bhartiya Nyaya Sanhita, (previously known as the Indian Penal Code), with regard to the punishment been prescribed to a person accused for the offence of rape. Provisions under sections 63, 64, and 65 of the BNS are the major sections that would be discussed in detail in this seminar paper. Also, the rationale behind prescribing different punishments for the same offence of rape, the only difference being the marital status of the victim. Also, the major issue that whether such difference in the punishment to the accused is a reasonable classification or not would be discussed, and would it be appropriate to contend that the law is influenced by the idea of patriarchy in this regard.
Keywords: Reasonable Classification, Patriarchy, Punishment for Rape, Bhartiya Nyaya Sanhita
