Kartikey Bajpai, LL.M, University of Lucknow, Lucknow
ABSTRACT:
Rape is an unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person's will or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception.1 Indian Penal Code defines and punishes the offence of Rape under provisions ranging from Sec. 375, Sec. 376(1), 376(2), 376(3), 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, and 376E. The severity of punishment goes up to death penalty in several of these penal provisions. However the application of said penal provisions is very discriminatory against married women during their cohabitation and even after separation from their husbands. This research paper deals with in depth analysis of the legal battle fought by the parties, attempt at finding who has got the bigger legal gun with them, and how can the constitutionality of said discriminatory provisions be challenged in constitutional courts.
Keywords: Marital Rape, Indian Penal Code, Fundamental Rights
