Riya Pant, Graphic Era Hill University, Dehradun
Introduction:
Rape is one of the most heinous crimes in modern times. Despite, the progress in education and societal development, this social evil is beyond tame to date. Section 375 of Indian Criminal Law penalises it as it is a non-consensual and forceful intercourse with a woman by means of misdirection, deception, intoxication, unsoundness1. Thus, establishing the absence of consent is a crucial component to substantiate the offence of rape. In the matter of human below 18 years of age, it is believed that consent is imperceptible because the law assumes minors are unable to give their assent for sexual acts due to lack of psychological and physical development. However, there are also situations where consent is taken for granted and is immaterial. One such instance is the consummation among a married couple irrespective of consent involved or not. Married men are immunized from spousal rape under exception 2 of section 375. The debarring broadly provides the husbands with a licence to commit the heinous act of rape upon their spouses. Thus, violating the sanctity of women.
