Right To Say No, Marital Rape: Violation Of Women’s Human Right
- IJLLR Journal
- Jun 22
- 1 min read
Ananya Tripathi & Vishal, University of Petroleum and Energy Studies (UPES).
ABSTRACT
India is among the few countries that still allow marital rape, i.e., Exception 2 in Section 375 of the Indian Penal Code, 1860 specifically allows forced sexual intercourse by the husband without the consent of the wife. There are several arguments raised to justify this archaic law in several Law Commission Reports, Parliamentary Debates, and recent judicial decisions. In this paper, we will analyze why these arguments are not valid in the contemporary world and modern society. Through the analysis of Article 14 and Article 21 of the Constitution of India, we argue that the exceptional clause in our constitution is wholly unconstitutional and that this law is leading to severe violation of basic human and fundamental rights. We will also analyze the international scenario and convention and changing stance of the judiciary in the last few years concerning the law. Also, we will talk about some recent judgments and how it is already encouraging for women to come forward. We will conclude on the note that the exceptional clause should be revoked or declared unconstitutional, and criminalizing marital rape is extremely necessary. Further, we will propose a model and a few suggestions for the same.
