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

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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! 

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

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.

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