O'Brien criticises marital rape exception, says it 'undermines women's consent'
1 month, 1 week ago

O'Brien criticises marital rape exception, says it 'undermines women's consent'

Hindustan Times  

The "archaic" exception provided to marital rape in the Bharatiya Nyaya Sanhita sends a dangerous message that a woman's right to consent is irrelevant once she enters into a marriage, TMC leader Derek O'Brien said on Wednesday. The TMC's parliamentary party leader in the Rajya Sabha, who last week introduced a private member's bill to scrap the exception, called it a direct violation of women's constitutional rights, including personal liberty, equality and privacy. "Section 63 of the Bharatiya Nyaya Sanhita continues to provide a disturbing exception for marital rape, undermining the autonomy and equality of women. The Bharatiya Nyaya Sanhita Bill, 2024, a private member's bill introduced by O'Brien, proposes to replace the exception with, "The fact of a subsisting marriage of the accused and the victim shall not be treated as a mitigating factor for the offence under this section."

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History of this topic

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
5 months ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

Indian government argues against classifying non-consensual sexual acts by husband as marital rape
5 months, 3 weeks ago

Indian government argues against classifying non-consensual sexual acts by husband as marital rape

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy The Indian government has opposed …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi High Court’s split verdict from May 2022, which remains pending for the …

Why a breakup could land men in jail for 10 years? Section 69 of Bharatiya Nyaya Sanhita explained
8 months, 2 weeks ago

Why a breakup could land men in jail for 10 years? Section 69 of Bharatiya Nyaya Sanhita explained

Hindustan Times  

With the newly enacted Bharatiya Nyaya Sanhita that replaces the British-era Indian Penal Code, a man breaking up with his partner by “deceitful means or by promising her marriage without fulfilling the same” and have sexual intercourse with her could land him in a “10-year jail term.” The Bharata Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya …

Bharatiya Nyaya Sanhita has no section dealing with rape of men, transgender persons
9 months ago

Bharatiya Nyaya Sanhita has no section dealing with rape of men, transgender persons

The Hindu  

The alleged suicide of a 23-year-old man, hours after he was gang-raped by four men in Uttar Pradesh’s Gorakhpur district, has shed light upon the soon to be implemented Bharatiya Nyaya Sanhita, that does not include Section 377 or any other section that deals with rape of men and transgender persons. Police booked the four accused under Section 377 of …

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
10 months, 3 weeks ago

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court

Live Law  

Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. However, as per Exception 2 to Section 375 IPC, sexual intercourse between …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year, 3 months ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

CJI says petitions to criminalise marital rape to be listed in mid-October
1 year, 6 months ago

CJI says petitions to criminalise marital rape to be listed in mid-October

The Hindu  

Chief Justice of India D.Y. “We will list it sometime in mid-October after the Constitution Bench hearings,” Chief Justice Chandrachud addressed senior advocate Indira Jaising and advocate Karuna Nundy, who jointly mentioned the case for urgent listing. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on …

The importance of consent: The Hindu Editorial on marital rape
2 years, 10 months ago

The importance of consent: The Hindu Editorial on marital rape

The Hindu  

A split verdict in the Delhi High Court on the question of criminalising marital rape has reignited the controversy over legal protection for disregard of consent for sex within marriage. On Wednesday, while Justice Rajiv Shakdher, who headed the Bench, struck down as unconstitutional the exception to Section 375 of the IPC, which says that intercourse by a man with …

Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge
2 years, 10 months ago

Marital rape case: Even sex workers can say 'no', but not married woman, says Delhi High Court judge

Firstpost  

The right to withdraw consent at any given point in time forms the core of the woman’s right to life and liberty which encompasses her right to protect her physical and mental being, says Justice Shakdher New Delhi: Justice Rajiv Shakdher of the Delhi High Court Wednesday ruled in favour of criminalising marital rape and said the continuance of this …

The marital rape exception fails all tests of Constitutional validity
2 years, 11 months ago

The marital rape exception fails all tests of Constitutional validity

Live Mint  

An unprecedented reformist judgement delivered recently by a single-judge bench of the Karnataka high court effaces the idea of husbands as rulers of their wife’s bodies, souls and minds. The ruling declares acts of sexual assault by a husband amenable to charges of rape under the Indian Penal Code, thereby revoking the legitimacy of marital rape. The bench said that …

‘Rape is rape’: Karnataka high court declines to drop marital rape case against man
3 years ago

‘Rape is rape’: Karnataka high court declines to drop marital rape case against man

Hindustan Times  

BENGALURU: The Karnataka high court on Wednesday refused to drop rape charges framed by a trial court against a man for his wife’s sexual assault, ruling that the marriage doesn’t confer any special male privilege or a license for unleashing a “brutal beast” on the wife. The Karnataka high court said the exclusion of marital rape from the IPC provision …

Marital rape | Process on to amend criminal laws: Government
3 years, 1 month ago

Marital rape | Process on to amend criminal laws: Government

The Hindu  

The government has started the process of comprehensive amendments to criminal laws, Minister for Women and Child Development Smriti Irani told Parliament on Wednesday in response to a question on marital rape, but warned against condemning every man as a rapist and every marriage as a violent one. "The Government of India has initiated the process for comprehensive amendments to …

Intercourse in Marriage Can't Be Labelled Rape, Wife Cannot Seek Specific Punishment to Satisfy Ego: Delhi HC Told
3 years, 2 months ago

Intercourse in Marriage Can't Be Labelled Rape, Wife Cannot Seek Specific Punishment to Satisfy Ego: Delhi HC Told

News 18  

Sexual intercourse between husband and wife cannot be labelled rape and at worst such an act of wrongdoing can be called sexual abuse, and a wife cannot compel the prescription of a particular punishment against her husband to satisfy her ego, an intervenor said in the Delhi High Court on Tuesday. Counsel for the intervenor NGO, Hriday, told the court, …

Marriage exception in rape law an instrument of oppression, HC told
3 years, 2 months ago

Marriage exception in rape law an instrument of oppression, HC told

Hindustan Times  

The exception in Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, must be viewed as an “instrument of oppression”, the amicus curiae informed the Delhi high court, which is hearing a batch of pleas seeking to criminalise marital rape. The exception in Section 375 …

Marital Rape - Removal Of Exception From Sec 375 IPC Will Uphold Woman's Bodily Integrity: Rebecca John To Delhi High Court
3 years, 2 months ago

Marital Rape - Removal Of Exception From Sec 375 IPC Will Uphold Woman's Bodily Integrity: Rebecca John To Delhi High Court

Live Law  

The Delhi High Court on Thursday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Senior Advocate Rebecca John appearing as amicus curiae in the matter told a bench of Justice Rajiv Shakdher and Justice C …

Govt.’s consultation on marital rape a delaying tactic: women’s groups
3 years, 2 months ago

Govt.’s consultation on marital rape a delaying tactic: women’s groups

The Hindu  

While the Union government told the Delhi High Court, which is hearing a batch of petitions on marital rape, that a consultative process was underway to bring amendments to criminal laws, women’s rights activists say consensus building on the issue is only a delaying tactic and that their hopes are pegged on the court. On Friday, in its affidavit in …

Marital rape: Sex worker has right to say no, why not married woman, asks Delhi HC
3 years, 2 months ago

Marital rape: Sex worker has right to say no, why not married woman, asks Delhi HC

Firstpost  

Senior advocate Raj Shekhar Rao, who is appointed as an amicus curiae to assist the court, argued that husband and wife are “two equals before the law” and there is no reason “why husband’s desire to have sex trump the wife’s desire not to” New Delhi: The Centre Thursday told the Delhi High Court that it was considering a “constructive …

Marital rape: an indignity to women
3 years, 6 months ago

Marital rape: an indignity to women

The Hindu  

The High Court of Chhattisgarh recently decided a criminal revision petition challenging the charges framed against the applicant husband. The marital rape exception betrays a similar patriarchal belief: that upon marriage, a wife’s right to personal and sexual autonomy, bodily integrity and human dignity are surrendered. A commonly cited rationale for preserving the marital rape exemption is that recognising marital …

Sexual Intercourse Between Married Couple Not Rape Even If By Force, Rules Chhattisgarh HC
3 years, 6 months ago

Sexual Intercourse Between Married Couple Not Rape Even If By Force, Rules Chhattisgarh HC

ABP News  

Raipur: Observing that sexual intercourse or any sexual act by a husband with his legally wedded wife is not rape even if it was by force or against her wish, the Chhattisgarh High Court on Thursday acquitted a man charged with marital rape. The High Court, however, upheld charges framed against the man under Section 377 of the Indian Penal …

Marital Rape is Not a Crime in 32 Countries. One of Them is India
3 years, 6 months ago

Marital Rape is Not a Crime in 32 Countries. One of Them is India

News 18  

Sexual intercourse between a husband and wife, even if without the wife’s consent is not rape, the Chhattisgarh High Court observed on Thursday, acquitting a man of marital rape. According to the World Health Organisation, Sexual violence is defined as: “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise …

'Sex with wife, even if by force, not rape': Chhattisgarh High Court
3 years, 6 months ago

'Sex with wife, even if by force, not rape': Chhattisgarh High Court

Op India  

The Chhattisgarh High Court has upheld a man’s acquittal on charges of marital rape, ruling that sexual intercourse between legally married men and women is not rape, even if it is forced or against the wife’s wishes. During the hearing of the case pertaining to the issue of “marital rape”, the Chhattisgarh High Court observed that if the wife is …

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC
6 years, 8 months ago

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC

Live Law  

Hearing petitions demanding criminalisation of marital rape, the Delhi High Court on Tuesday reportedly asserted that marriage does not mean that the wife should always be willing to consent to have physical relations with her husband.The observation was made by a Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, on a Petition by the RIT Foundation, …

Criminalising Marital Rape May Destabilise Institution Of Marriage: Centre Tells Delhi HC [Read Written Submissions]
7 years, 6 months ago

Criminalising Marital Rape May Destabilise Institution Of Marriage: Centre Tells Delhi HC [Read Written Submissions]

Live Law  

Citing Misuse of Section 498A of IPC, the Centre has submitted before the Delhi High Court that criminalizing marital rape, as sought by some petitioners, may destabilize the institution of marriage apart from being an easy tool for harassing the husbands.The Centre has submitted that there can be no lasting evidence in case of sexual acts between a man and …

Criminalising Marital Rape May Destabilise Institution Of Marriage: Centre Tells Delhi HC [Read Written Submissions]
7 years, 6 months ago

Criminalising Marital Rape May Destabilise Institution Of Marriage: Centre Tells Delhi HC [Read Written Submissions]

Live Law  

Citing Misuse of Section 498A of IPC, the Centre has submitted before the Delhi High Court that criminalizing marital rape, as sought by some petitioners, may destabilize the institution of marriage apart from being an easy tool for harassing the husbands.The Centre has submitted that there can be no lasting evidence in case of sexual acts between a man and …

Why central government thinks marital rape cannot be criminalised
7 years, 6 months ago

Why central government thinks marital rape cannot be criminalised

India Today  

The Delhi High Court heard petitions seeking declaration of Section 375 of the IPC as unconstitutional on the ground that it discriminated against married women being sexually assaulted by their husbands. In an affidavit, the central government said that there is a fear that marital rape could become a tool of harassment for women just like Section 498A. "The applicant …

Sexual act by man with wife, not below 15 years, is not rape, says Supreme Court
7 years, 7 months ago

Sexual act by man with wife, not below 15 years, is not rape, says Supreme Court

ABP News  

It also asked whether the court could intervene to protect the rights of such married girls who may be sexually exploited by their spouses. The raging issue whether to make forced marital intercourse and sexual acts part of offence of rape in penal law have been extensively debated and now it cannot be considered as a criminal act, the Supreme …

Marital rape 'cannot be applied in the Indian context', says country's minister for women
9 years ago

Marital rape 'cannot be applied in the Indian context', says country's minister for women

The Independent  

Sign up for the Independent Women email for the latest news, opinion and features Get the Independent Women email for free Get the Independent Women email for free SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy The Indian government has said the concept of marital rape “cannot be …

When even rape is legal
9 years, 9 months ago

When even rape is legal

The Hindu  

Some debates appear to be timeless. Sensitive questions such as “did your husband ever physically force you to have sexual intercourse with him even when you did not want to?” are difficult to ask in a survey; hence informed consent for the violence module was obtained twice, and trained interviewers were given strict instructions to ensure complete privacy of the …

Refusal to criminalise marital rape: Activists, experts differ- India TV News
9 years, 10 months ago

Refusal to criminalise marital rape: Activists, experts differ- India TV News

India TV News  

New Delhi: Government's refusal to criminalise marital rape has been termed as “regressive” by several women rights activists but experts supporting the Centre's stand feel there is no need to tinker with the law as it might be “misused” by some to settle scores. It is headed by men with anti-women thinking,” he alleged, and asked “when there is law …

India refuses to criminalise marital rape because of 'social issues and religious beliefs' in country
9 years, 10 months ago

India refuses to criminalise marital rape because of 'social issues and religious beliefs' in country

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Human rights campaigners have condemned …

Rape 'impossible' in marriage, says Muslim cleric
14 years, 5 months ago

Rape 'impossible' in marriage, says Muslim cleric

The Independent  

Get the free Morning Headlines email for news from our reporters across the world Sign up to our free Morning Headlines email Sign up to our free Morning Headlines email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A senior Muslim cleric who runs the country's largest network …

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