Decoding Exception 2: In Light of Legislative and Judicial Opinions and Suggestive Measures for a Better Tomorrow

Chhavi Sompura and Shubhangi Gehlot
Faculty of Law, Maharaja Sayajirao University Of Baroda, India

Volume III, Issue IV, 2020

Sexual violence is one of the most prominent violence against women and a form of control over women. Sexual violence or sexual overpower is way to show dominance over women and most common in male dominant societies. It not only harms women’s self esteem but also hazardous as it prevails in a society, widening the gender gap and inequality. A husband is supposed to be the protector of a woman but when he turns on her as a destructor; it leaves her hopeless and vulnerable to many such mental and physical disorders. In this article, through a doctrinal research we’ve tried to point out how big and serious the issue of marital rape is? What are the provisions in the current criminal law dealing with it? The infamous Exception 2 of Section 375 that has been the bone of contention. Further, we discussed what has been the legislature and the judiciary’s take on it with a critical analysis. Lastly, we concluded with some suggestive measures for a better tomorrow.