Unconstitutionality of Exception 2 of Section 375 of the Indian Penal Code

  • Ameesha N.B.
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  • Ameesha N.B.

    Student at Christ University, School of Law, Bangalore, India

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The topic of marital rape, which is profoundly ingrained in the legal system, is receiving more and more attention in the legal discourse of today. This study explores the intricate and varied facets of marital rape from a sociocultural and legal standpoint. It aims to shed light on the various jurisdictions' current legal systems, cultural norms, and victim difficulties. In the recent verdict of RIT Foundation v. Union of India, division bench of Justices Rajiv Shakdher and C Hari Shankar delivered a split verdict on their position about marital rape in India. The idea of marital rape is a highly controversial topic in India. India being a patriarchal set up has always recognised the will of a husband over his wife, so for marital rape to even be considered an offence shocks most people with this mindset. Establishing that marital rape violates fundamental rights and that societal pressures on women lead to violations of their rights is the main goal of this study work. After reading and analysing a number of journals and case laws, it was determined that marital rape is unconstitutional and that the law shielding the perpetrators needs to be overturned. Finally, this research paper urges legal reform, more knowledge, and survivor support systems in order to reevaluate legislation pertaining to marital rape. It makes the case that dealing with marital rape is essential to establishing a more equitable and compassionate society as well as upholding the values of gender equality and human rights which are not being given priority over age old discriminations.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 496 - 508

DOI: https://doij.org/10.10000/IJLMH.116740

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