Highlights

  • The remarks of a British Judge formed the basis for the exception to the law
  • Matthew Hale: women are the contractual property of their husbands
  • This remark became a part of the English common law, enforced in all its colonies

Latest news

Rajasthan political crisis deepens as Gehlot loyalists submit mass resignation over Pilot as successor

Rajasthan political crisis deepens as Gehlot loyalists submit mass resignation over Pilot as successor

Giorgia Meloni, Italy's far-right leader set to be country's first female PM

Giorgia Meloni, Italy's far-right leader set to be country's first female PM

Musk faces deposition with Twitter ahead of October trial

Musk faces deposition with Twitter ahead of October trial

IND VS AUS: 'It's a good sign': Rohit Sharma heaps praise on Suryakumar, Virat Kohli after series win

IND VS AUS: 'It's a good sign': Rohit Sharma heaps praise on Suryakumar, Virat Kohli after series win

Top lawyer Mukul Rohatgi rejects Modi govt's offer to be Attorney General again: reports

Top lawyer Mukul Rohatgi rejects Modi govt's offer to be Attorney General again: reports

How the 'Marital rape clause' made it to our laws | The Issue

The remarks of a British Judge from 1736, dictate laws in our country to this day - watch this snippet to know more! 

In a legacy passed down by the British colonisers, India shares its criminal code with Pakistan, Bangladesh and Sri Lanka where marital rape is also not a crime. Our rape laws very clearly exempt marital sexual offences provided the wife’s age is above 18. The exemption dates back to the remarks of British judge Sir Matthew Hale in 1736, who said that women are the contractual property of their husbands. This point of view became a part of the English common law that was enforced in all its colonies.

Centuries later, this remark dressed as an exemption continues to impact India’s criminal code.

Up Next

How the 'Marital rape clause' made it to our laws | The Issue

How the 'Marital rape clause' made it to our laws | The Issue

The India Story | Violence in Leicester: Calls for harmony amid communal discord

The India Story | Violence in Leicester: Calls for harmony amid communal discord

The India Story | Why is India unsafe for women?

The India Story | Why is India unsafe for women?

The India Story | After Queen Elizabeth’s reign, what’s next for the UK?

The India Story | After Queen Elizabeth’s reign, what’s next for the UK?

Sumaitri: one of India's first suicide prevention helplines with Krishan Kalsi | The Footnote

Sumaitri: one of India's first suicide prevention helplines with Krishan Kalsi | The Footnote

The India Story | INS Vikrant commissioned: Big step towards naval dominance?

The India Story | INS Vikrant commissioned: Big step towards naval dominance?

More videos

'Marital Rape Clause': The concept of consent | The Issue

'Marital Rape Clause': The concept of consent | The Issue

'Marital Rape Clause': India's global standing | The Issue

'Marital Rape Clause': India's global standing | The Issue

'Marital Rape Clause': The History | The Issue

'Marital Rape Clause': The History | The Issue

The India Story | What’s on CJI U U Lalit’s agenda for judicial reform?

The India Story | What’s on CJI U U Lalit’s agenda for judicial reform?

The India Story | Canada visa delays leave Indian students in the lurch

The India Story | Canada visa delays leave Indian students in the lurch

How 'Pasoori' dancer Sheema Kermani used the Sari as a symbol of resistance | The Footnote

How 'Pasoori' dancer Sheema Kermani used the Sari as a symbol of resistance | The Footnote

The India Story | 75 years of India: Celebrating the Indian tricolour

The India Story | 75 years of India: Celebrating the Indian tricolour

Decoded: India’s development model shines as China abandons ‘friend’ Sri Lanka

Decoded: India’s development model shines as China abandons ‘friend’ Sri Lanka

How and Why | Tattoos Episode 4: Why do people get tattoos? A look at the psychology behind getting inked

How and Why | Tattoos Episode 4: Why do people get tattoos? A look at the psychology behind getting inked

How and Why | Tattoos Episode 3: How much money does the tattoo industry make?

How and Why | Tattoos Episode 3: How much money does the tattoo industry make?

Editorji Technologies Pvt. Ltd. © 2022 All Rights Reserved.