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100 years ago, the first country in the world criminalised marital rape. It was the Soviet Union in 1922 and 150 nations followed suit. A brief global timeline of when other nations criminalised marital rape is as follows:     
Poland: 1932     Australia: 1976     Canada: 1983     UK: 1991     USA: 1993       South Africa: 1993     Zimbabwe: 2001     Thailand: 2007   
In majority of nations marital rape is a crime and punishments range from life imprisonment to 50 years in jail. India has ratified two UN conventions that declare spousal rape as an act of violence against women. However, by virtue of the fact that India did not sign the optional convention which gives UN the powers of persecution against the member states, India cannot be held legally accountable for not complying. 
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.Also watch - Marital rape debate: Why rape charge order against a husband by Karnataka HC is significant One may have the perception that marital rape being punishable is a western notion but look at our neighbourhood. India’s tiny neighbours, Nepal and Bhutan, who share a similar socio-economic fabric as us, have outlawed spousal rape- the only two in the Indian subcontinent. In Nepal, an accused could get between 5-15 years of prison if the charges are proved. Bhutan makes no mention of gender in its rape laws. However, it must be noted the punishment for marital rape is lesser than what is for other sexual crimes. Recently, a two-bench Delhi High Court delivered a split verdict. On the bench was judge Rajiv Shakdher, who noted that it was a tragedy that even after 162 years, a married woman’s call for justice could not be heard. His co-chair judge Hari Shankar went on to observe that is valid to expect sex from one’s spouse as that is what sets marriage apart from all other relationships.   
Also watch - Criminalisation of marital rape could open floodgates of false cases: CentreIn the court, it was the government of India’s unwillingness to take a stand that too made the headlines. While the government’s lawyer claimed that the previous stand opposing the criminalising of marital rape was under review, he at the same time sought time to consult state governments about their stand. Despite the dissenting verdict, Judge Shakdher remarked that all stakeholders need to bite the bullet and come to a decision.

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

100 years ago, the first country in the world criminalised marital rape. It was the Soviet Union in 1922 and 150 nations followed suit.  A brief global timeline of when other nations criminalised marital rape is as follows:       Poland: 1932     
Australia: 1976     
Canada: 1983     
UK: 1991     
USA: 1993       
South Africa: 1993     
Zimbabwe: 2001     
Thailand: 2007   

In majority of nations marital rape is a crime and punishments range from life imprisonment to 50 years in jail. India has ratified two UN conventions that declare spousal rape as an act of violence against women. However, by virtue of the fact that India did not sign the optional convention which gives UN the powers of persecution against the member states, India cannot be held legally accountable for not complying. 

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. 

One may have the perception that marital rape being punishable is a western notion but look at our neighbourhood. India’s tiny neighbours, Nepal and Bhutan, who share a similar socio-economic fabric as us, have outlawed spousal rape- the only two in the Indian subcontinent. In Nepal, an accused could get between 5-15 years of prison if the charges are proved. Bhutan makes no mention of gender in its rape laws. However, it must be noted the punishment for marital rape is lesser than what is for other sexual crimes. 

Recently, a two-bench Delhi High Court delivered a split verdict. On the bench was judge Rajiv Shakdher, who noted that it was a tragedy that even after 162 years, a married woman’s call for justice could not be heard. His co-chair judge Hari Shankar went on to observe that is valid to expect sex from one’s spouse as that is what sets marriage apart from all other relationships.   

In the court, it was the government of India’s unwillingness to take a stand that too made the headlines. While the government’s lawyer claimed that the previous stand opposing the criminalising of marital rape was under review, he at the same time sought time to consult state governments about their stand. Despite the dissenting verdict, Judge Shakdher remarked that all stakeholders need to bite the bullet and come to a decision.


Only 36 countries in the world have not criminalised marital rape, India is one of them. Are efforts being made in the country to change the colonial-era law? Find out in this episode of 'The Issue'&nbsp;

100 years ago, the first country in the world criminalised marital rape. It was the Soviet Union in 1922 and 150 nations followed suit. A brief global timeline of when other nations criminalised marital rape is as follows: &nbsp; &nbsp;&nbsp;
Poland: 1932 &nbsp; &nbsp; Australia: 1976 &nbsp; &nbsp; Canada: 1983 &nbsp; &nbsp; UK: 1991 &nbsp; &nbsp; USA: 1993 &nbsp; &nbsp; &nbsp; South Africa: 1993 &nbsp; &nbsp; Zimbabwe: 2001 &nbsp; &nbsp; Thailand: 2007 &nbsp;&nbsp;
In majority of nations marital rape is a crime and punishments range from life imprisonment to 50 years in jail. India has ratified two UN conventions that declare spousal rape as an act of violence against women. However, by virtue of the fact that India did not sign the optional convention which gives UN the powers of persecution against the member states, India cannot be held legally accountable for not complying.&nbsp;
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&rsquo;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&rsquo;s criminal code. Also watch - <a href="https://www.editorji.com/india-news/local/why-rape-charge-order-against-a-husband-by-karnataka-hc-is-significant-marital-rape-debate-1648101630072">Marital rape debate: Why rape charge order against a husband by Karnataka HC is significant&nbsp;</a> One may have the perception that marital rape being punishable is a western notion but look at our neighbourhood. India&rsquo;s tiny neighbours, Nepal and Bhutan, who share a similar socio-economic fabric as us, have outlawed spousal rape- the only two in the Indian subcontinent. In Nepal, an accused could get between 5-15 years of prison if the charges are proved. Bhutan makes no mention of gender in its rape laws. However, it must be noted the punishment for marital rape is lesser than what is for other sexual crimes. Recently, a two-bench Delhi High Court delivered a split verdict. On the bench was judge Rajiv Shakdher, who noted that it was a tragedy that even after 162 years, a married woman&rsquo;s call for justice could not be heard. His co-chair judge Hari Shankar went on to observe that is valid to expect sex from one&rsquo;s spouse as that is what sets marriage apart from all other relationships. &nbsp;&nbsp;
Also watch - <a href="https://www.editorji.com/india-news/criminalisation-of-marital-rape-could-open-floodgates-of-false-cases-centre-1643471968014">Criminalisation of marital rape could open floodgates of false cases: Centre</a> In the court, it was the government of India&rsquo;s unwillingness to take a stand that too made the headlines. While the government&rsquo;s lawyer claimed that the previous stand opposing the criminalising of marital rape was under review, he at the same time sought time to consult state governments about their stand. Despite the dissenting verdict, Judge Shakdher remarked that all stakeholders need to bite the bullet and come to a decision. <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-the-history-the-issue-1662112424090">Part 1 - 'Marital Rape Clause': The History</a>&nbsp; <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-the-concept-of-consent-the-issue-1662112818238">Part 3 - 'Marital Rape Clause': The concept of consent</a>

Early in 2022 a curious hashtag trended on Twitter. Now that in itself isn’t cause for much concern considering this is usual for Twitter but the hashtag read #MarriageStrikes. The reason for this trend? Men’s Rights activists were concerned about the Delhi High Court hearing a petition to strike down the ‘marital rape clause’ This of course was because of the assumption that women may use this to their benefit and slap men with fake cases. 
One has to be out of touch with ground reality to think that it is easy and convenient for a woman in our country to live peacefully after accusing her own husband of rape, but understanding the nitty-gritties of the power equation within a marriage is a conversation for another day. Today we want to take a look at one of the foremost tenets of any conversation on sexual activity – consent. Also watch - Consent amongst most underrated concepts in our society: Rahul Gandhi
Since marriage as a social contract is still largely seen only for the purpose of reproduction, consent is considered to be implicitly implied in such situations. Simply put, it’s assumed that the minute you get married you have consented to sex for time immemorial. But this goes against what we now know to be enthusiastic consent. 
We can attempt to understand enthusiastic consent using this list from planned parenthood. F – Freely Given   R - Reversible   I – Informed   E – Enthusiastic   S – Specific 
According to a BBC report, in a 2018 survey of more than 1,60,000 households, 93% of married Indians said that theirs was an arranged marriage and they didn’t really know their partners.   
The lack of education in many parts of India and more specifically of comprehensive sexuality education or CSE also points to the fact that many times women don’t even know what good and healthy sexual practices are. Divorce is still a taboo, and when women are often not even consulted before they’re married – assuming free consent in perpetuity is willful ignorance.   And this is what the numbers say too. 
According to data from the National Family Health Survey-5 conducted in 2019-2021 one in every 25 women in India was reportedly subjected to sexual violence by her husband. 4% of Indian women. Government data has also showed time and time again that India has a severe problem of under reporting sexual violence. Also watch - Marital rape debate: Why rape charge order against a husband by Karnataka HC is significant
The societal taboo against victims of rape is high already, in such a situation for women to come out against their own husbands becomes tougher. So as things stand today, what is the legal recourse women have against this violation of their bodily autonomy? Not great unfortunately. 
Though Domestic Violence Act includes sexual abuse as one of the definitions of Domestic violence, it is a civil law – which means the punishment for a crime of the same nature is not as stringent as that against rape.    
This can perhaps be explained by taking a look at the etymology of the word rape – it comes from the word ‘rapen’ which means to seize that which does not belong to you. But when women are seen as property of their husbands, then the premise of marital rape falls flat. A husband is not seizing anything, the woman belongs to him already. 
The Justice JS Verma committee report put this into words in a way that makes most sense - “the relationship between the accused and the complainant is not relevant to the enquiry into whether the complainant consented to the sexual activity and the fact that the accused and the victim are married or in another intimate relationship may not be regarded as a mitigating factor justifying lower sentences for rape.”   
It shouldn’t matter the relationship between two people, just as a no is a no, a crime is a crime.    Part 1 - 'Marital Rape Clause': The History Part 2 - 'Marital Rape Clause': India's global standing  

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

Early in 2022 a curious hashtag trended on Twitter. Now that in itself isn’t cause for much concern considering this is usual for Twitter but the hashtag read #MarriageStrikes.

The reason for this trend? Men’s Rights activists were concerned about the Delhi High Court hearing a petition to strike down the ‘marital rape clause’ This of course was because of the assumption that women may use this to their benefit and slap men with fake cases. 

One has to be out of touch with ground reality to think that it is easy and convenient for a woman in our country to live peacefully after accusing her own husband of rape, but understanding the nitty-gritties of the power equation within a marriage is a conversation for another day. Today we want to take a look at one of the foremost tenets of any conversation on sexual activity – consent. 

Since marriage as a social contract is still largely seen only for the purpose of reproduction, consent is considered to be implicitly implied in such situations. Simply put, it’s assumed that the minute you get married you have consented to sex for time immemorial. But this goes against what we now know to be enthusiastic consent. 

We can attempt to understand enthusiastic consent using this list from planned parenthood.

F – Freely Given  
R - Reversible  
I – Informed  
E – Enthusiastic  
S – Specific 

According to a BBC report, in a 2018 survey of more than 1,60,000 households, 93% of married Indians said that theirs was an arranged marriage and they didn’t really know their partners.   

The lack of education in many parts of India and more specifically of comprehensive sexuality education or CSE also points to the fact that many times women don’t even know what good and healthy sexual practices are. Divorce is still a taboo, and when women are often not even consulted before they’re married – assuming free consent in perpetuity is willful ignorance.   And this is what the numbers say too. 

According to data from the National Family Health Survey-5 conducted in 2019-2021 one in every 25 women in India was reportedly subjected to sexual violence by her husband. 4% of Indian women. Government data has also showed time and time again that India has a severe problem of under reporting sexual violence. 

The societal taboo against victims of rape is high already, in such a situation for women to come out against their own husbands becomes tougher. So as things stand today, what is the legal recourse women have against this violation of their bodily autonomy? Not great unfortunately. 

Though Domestic Violence Act includes sexual abuse as one of the definitions of Domestic violence, it is a civil law – which means the punishment for a crime of the same nature is not as stringent as that against rape.    

This can perhaps be explained by taking a look at the etymology of the word rape – it comes from the word ‘rapen’ which means to seize that which does not belong to you. But when women are seen as property of their husbands, then the premise of marital rape falls flat. A husband is not seizing anything, the woman belongs to him already. 

The Justice JS Verma committee report put this into words in a way that makes most sense - “the relationship between the accused and the complainant is not relevant to the enquiry into whether the complainant consented to the sexual activity and the fact that the accused and the victim are married or in another intimate relationship may not be regarded as a mitigating factor justifying lower sentences for rape.”   

It shouldn’t matter the relationship between two people, just as a no is a no, a crime is a crime. 

How well do you understand consent? Does saying &lsquo;yes&rsquo; to marriage mean a default consent for sex? In this episode of &lsquo;The Issue&rsquo; we explore the concept of consent and why it should be explicit&nbsp;

Early in 2022 a curious hashtag trended on Twitter. Now that in itself isn&rsquo;t cause for much concern considering this is usual for Twitter but the hashtag read #MarriageStrikes. The reason for this trend? Men&rsquo;s Rights activists were concerned about the Delhi High Court hearing a petition to strike down the &lsquo;marital rape clause&rsquo; This of course was because of the assumption that women may use this to their benefit and slap men with fake cases.&nbsp;
One has to be out of touch with ground reality to think that it is easy and convenient for a woman in our country to live peacefully after accusing her own husband of rape, but understanding the nitty-gritties of the power equation within a marriage is a conversation for another day. Today we want to take a look at one of the foremost tenets of any conversation on sexual activity &ndash; consent.&nbsp; Also watch - <a href="https://www.editorji.com/india-news/consent-amongst-most-underrated-concepts-in-our-society-rahul-gandhi-1642350865816">Consent amongst most underrated concepts in our society: Rahul Gandhi</a>
Since marriage as a social contract is still largely seen only for the purpose of reproduction, consent is considered to be implicitly implied in such situations. Simply put, it&rsquo;s assumed that the minute you get married you have consented to sex for time immemorial. But this goes against what we now know to be enthusiastic consent.&nbsp;
We can attempt to understand enthusiastic consent using this list from planned parenthood. F &ndash; Freely Given &nbsp; R - Reversible &nbsp; I &ndash; Informed &nbsp; E &ndash; Enthusiastic &nbsp; S &ndash; Specific&nbsp;
According to a BBC report, in a 2018 survey of more than 1,60,000 households, 93% of married Indians said that theirs was an arranged marriage and they didn&rsquo;t really know their partners. &nbsp;&nbsp;
The lack of education in many parts of India and more specifically of comprehensive sexuality education or CSE also points to the fact that many times women don&rsquo;t even know what good and healthy sexual practices are. Divorce is still a taboo, and when women are often not even consulted before they&rsquo;re married &ndash; assuming free consent in perpetuity is willful ignorance. &nbsp; And this is what the numbers say too.&nbsp;
According to data from the National Family Health Survey-5 conducted in 2019-2021 one in every 25 women in India was reportedly subjected to sexual violence by her husband. 4% of Indian women. Government data has also showed time and time again that India has a severe problem of under reporting sexual violence.&nbsp; Also watch - <a href="https://www.editorji.com/india-news/local/why-rape-charge-order-against-a-husband-by-karnataka-hc-is-significant-marital-rape-debate-1648101630072">Marital rape debate: Why rape charge order against a husband by Karnataka HC is significant</a>
The societal taboo against victims of rape is high already, in such a situation for women to come out against their own husbands becomes tougher. So as things stand today, what is the legal recourse women have against this violation of their bodily autonomy? Not great unfortunately.&nbsp;
Though Domestic Violence Act includes sexual abuse as one of the definitions of Domestic violence, it is a civil law &ndash; which means the punishment for a crime of the same nature is not as stringent as that against rape. &nbsp; &nbsp;
This can perhaps be explained by taking a look at the etymology of the word rape &ndash; it comes from the word &lsquo;rapen&rsquo; which means to seize that which does not belong to you. But when women are seen as property of their husbands, then the premise of marital rape falls flat. A husband is not seizing anything, the woman belongs to him already.&nbsp;
The Justice JS Verma committee report put this into words in a way that makes most sense - &ldquo;the relationship between the accused and the complainant is not relevant to the enquiry into whether the complainant consented to the sexual activity and the fact that the accused and the victim are married or in another intimate relationship may not be regarded as a mitigating factor justifying lower sentences for rape.&rdquo; &nbsp;&nbsp;
It shouldn&rsquo;t matter the relationship between two people, just as a no is a no, a crime is a crime. &nbsp; &nbsp; <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-the-history-the-issue-1662112424090">Part 1 - 'Marital Rape Clause': The History&nbsp;</a> <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-india-s-global-standing-the-issue-1662112595734">Part 2 - 'Marital Rape Clause': India's global standing&nbsp;&nbsp;</a>

There is little to say about marital rape that has not been said already. Justifications, questions, considerations all sound like feeble attempts to hide how inherently patriarchal and misogynistic the law is. We don’t need to tell you how bizarre it is to assume that women give unwavering consent to sex once they get married, because let’s be honest women often times don’t even have the agency to say no to the marriage in the first place – so explaining this falls beyond the purview of common sense. We won’t get into it.Also watch -  What marital rape verdict means: Delhi High Court's split judgment on husband exemption in IPC 375Today, we will be talking about Phulmoni Dasi, a 10-year-old child bride who lost her life due to marital rape, at the hands of her 30-year-old-husband. The story takes place in 1890 – precolonial India, when India was still being ruled by age old British laws. Oh, here’s a fact – the exception to the rape law, the clause on marital rape was introduced by the British in 1860 – so I suppose we’re still being ruled by laws written 162 years ago, but well back to the story. Married to a man 2 decades older than her, the young bride died when her husband tried to consummate the marriage.
The case went to litigation in the Calcutta Sessions Court on 6th of July 1890, and was registered as one of the most horrifying cases of marital rape. Facts of the case brought forth by the autopsy show that that the young girl died of excessive injury and trauma to her private parts, and her body was found in a pool of her own blood. Her ovaries and uterus had not developed fully. She had not even begun menstruating. The victim’s husband was convicted under the Indian Penal Code for ‘causing grievous hurt by act of endangering life or personal safety of others’ but not of rape. Why? Because as per the exception introduced to the IPC in 1860, sex with one's wife is not considered rape. At the time Phulmoni was assaulted, she was of legal age and wedded to her husband.
The case even at the time shook the conscience of the nation and reform came in the form of raising the age of consent from 10 years to 12 in 1890. The exception now says, that a man who has sex with his wife as long as she is 15 years of age, is not rape. Phulmoni’s case brings to light many important and dangerous facets of this exception. Also watch - Kerala HC's landmark judgment: Court says marital rape is a ground for divorcePerhaps the one most relevant to us today would be that the law is 162 years old. It was drafted at a time when young girls of 10, were considered old enough to give consent for sex. Before their reproductory organs had even developed. If we can now see why such a law is unreasonable, it puzzling why we still assume that consent by married women is seen as unwavering and present at all points of time. Despite signing the UN declaration on Elimination of Violence against Women which clearly defines marital rape as violence against women, it is still not a crime in India. This, despite the fact that as per the UN population fund nearly 75% of married women in India are subjected to assault by their husbands – compounded by the Covid-19 pandemic.

'Marital Rape Clause': The History | The Issue 

There is little to say about marital rape that has not been said already. Justifications, questions, considerations all sound like feeble attempts to hide how inherently patriarchal and misogynistic the law is. We don’t need to tell you how bizarre it is to assume that women give unwavering consent to sex once they get married, because let’s be honest women often times don’t even have the agency to say no to the marriage in the first place – so explaining this falls beyond the purview of common sense. We won’t get into it.

Also watch -  What marital rape verdict means: Delhi High Court's split judgment on husband exemption in IPC 375

Today, we will be talking about Phulmoni Dasi, a 10-year-old child bride who lost her life due to marital rape, at the hands of her 30-year-old-husband. The story takes place in 1890 – precolonial India, when India was still being ruled by age old British laws. Oh, here’s a fact – the exception to the rape law, the clause on marital rape was introduced by the British in 1860 – so I suppose we’re still being ruled by laws written 162 years ago, but well back to the story. Married to a man 2 decades older than her, the young bride died when her husband tried to consummate the marriage.

The case went to litigation in the Calcutta Sessions Court on 6th of July 1890, and was registered as one of the most horrifying cases of marital rape. Facts of the case brought forth by the autopsy show that that the young girl died of excessive injury and trauma to her private parts, and her body was found in a pool of her own blood. Her ovaries and uterus had not developed fully. She had not even begun menstruating. The victim’s husband was convicted under the Indian Penal Code for ‘causing grievous hurt by act of endangering life or personal safety of others’ but not of rape. Why? Because as per the exception introduced to the IPC in 1860, sex with one's wife is not considered rape. At the time Phulmoni was assaulted, she was of legal age and wedded to her husband.

The case even at the time shook the conscience of the nation and reform came in the form of raising the age of consent from 10 years to 12 in 1890. The exception now says, that a man who has sex with his wife as long as she is 15 years of age, is not rape. Phulmoni’s case brings to light many important and dangerous facets of this exception.

Also watch - Kerala HC's landmark judgment: Court says marital rape is a ground for divorce

Perhaps the one most relevant to us today would be that the law is 162 years old. It was drafted at a time when young girls of 10, were considered old enough to give consent for sex. Before their reproductory organs had even developed. If we can now see why such a law is unreasonable, it puzzling why we still assume that consent by married women is seen as unwavering and present at all points of time.

Despite signing the UN declaration on Elimination of Violence against Women which clearly defines marital rape as violence against women, it is still not a crime in India. This, despite the fact that as per the UN population fund nearly 75% of married women in India are subjected to assault by their husbands – compounded by the Covid-19 pandemic.


How did the Indian law that does not recognise the rape of a wife by her husband as a crime come into existence? In this episode of &lsquo;The Issue&rsquo;, we take you through the history of this law and the story of a 10-year-old girl closely linked with it.&nbsp;

There is little to say about marital rape that has not been said already. Justifications, questions, considerations all sound like feeble attempts to hide how inherently patriarchal and misogynistic the law is. We don&rsquo;t need to tell you how bizarre it is to assume that women give unwavering consent to sex once they get married, because let&rsquo;s be honest women often times don&rsquo;t even have the agency to say no to the marriage in the first place &ndash; so explaining this falls beyond the purview of common sense. We won&rsquo;t get into it. Also watch -&nbsp; <a href="https://www.editorji.com/india-news/marital-rape-judgment-delhi-high-court-announces-split-verdict-one-judge-against-exemption-for-husbands-the-other-disagrees-1652259637522">What marital rape verdict means: Delhi High Court's split judgment on husband exemption in IPC 375</a> Today, we will be talking about Phulmoni Dasi, a 10-year-old child bride who lost her life due to marital rape, at the hands of her 30-year-old-husband. The story takes place in 1890 &ndash; precolonial India, when India was still being ruled by age old British laws. Oh, here&rsquo;s a fact &ndash; the exception to the rape law, the clause on marital rape was introduced by the British in 1860 &ndash; so I suppose we&rsquo;re still being ruled by laws written 162 years ago, but well back to the story. Married to a man 2 decades older than her, the young bride died when her husband tried to consummate the marriage.
The case went to litigation in the Calcutta Sessions Court on 6th of July 1890, and was registered as one of the most horrifying cases of marital rape. Facts of the case brought forth by the autopsy show that that the young girl died of excessive injury and trauma to her private parts, and her body was found in a pool of her own blood. Her ovaries and uterus had not developed fully. She had not even begun menstruating. The victim&rsquo;s husband was convicted under the Indian Penal Code for &lsquo;causing grievous hurt by act of endangering life or personal safety of others&rsquo; but not of rape. Why? Because as per the exception introduced to the IPC in 1860, sex with one's wife is not considered rape. At the time Phulmoni was assaulted, she was of legal age and wedded to her husband.
The case even at the time shook the conscience of the nation and reform came in the form of raising the age of consent from 10 years to 12 in 1890. The exception now says, that a man who has sex with his wife as long as she is 15 years of age, is not rape. Phulmoni&rsquo;s case brings to light many important and dangerous facets of this exception. Also watch - <a href="https://www.editorji.com/story/kerala-hc-s-landmark-judgment-court-says-marital-rape-is-a-ground-for-divorce-1628271222433">Kerala HC's landmark judgment: Court says marital rape is a ground for divorce</a> Perhaps the one most relevant to us today would be that the law is 162 years old. It was drafted at a time when young girls of 10, were considered old enough to give consent for sex. Before their reproductory organs had even developed. If we can now see why such a law is unreasonable, it puzzling why we still assume that consent by married women is seen as unwavering and present at all points of time. Despite signing the UN declaration on Elimination of Violence against Women which clearly defines marital rape as violence against women, it is still not a crime in India. This, despite the fact that as per the UN population fund nearly 75% of married women in India are subjected to assault by their husbands &ndash; compounded by the Covid-19 pandemic. <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-india-s-global-standing-the-issue-1662112595734">Part 2 - 'Marital Rape Clause': India's global standing&nbsp;</a> <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-the-concept-of-consent-the-issue-1662112818238">Part 3 - 'Marital Rape Clause': The concept of consent&nbsp;</a>

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.

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.

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

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&rsquo;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&rsquo;s criminal code.

Some petitioners have challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on grounds that it discriminated against married women who are sexually assaulted by their husbands.

SC asks for Centre's response by February 15 on pleas seeking marital rape criminalisation 

Some petitioners have challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on grounds that it discriminated against married women who are sexually assaulted by their husbands.

The Supreme Court on Monday sought a response of the Centre on a batch of petitions pertaining to criminalisation of marital rape.
A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked the Union government to file its response on the issue by February 15 and the final hearing on the pleas would commence from March 21.
One of pleas has been filed in relation to the Delhi High Court's split verdict on the issue. This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court.
The Delhi High Court on May 11, last year had delivered a split verdict on the issue.
However, both the judges -- Justice Rajiv Shakdher and Justice C Hari Shankar --on the bench concurred with each other for granting a certificate of leave to appeal to the Supreme Court in the matter as it involves substantial questions of law which requires a decision from the top court.
While Justice Shakdher, who headed the division bench, favoured striking down the marital rape exception for being "unconstitutional" and said it would be "tragic if a married woman's call for justice is not heard even after 162 years" since the enactment of the IPC, Justice Shankar said the exception under the rape law is not "unconstitutional and was based on an intelligible differentia".
Another plea has been filed by a man against the Karnataka High Court verdict which had paved way for his prosecution for allegedly raping his wife.
The Karnataka High Court had on March 23, last year had said exempting a husband from allegation of rape and unnatural sex with his wife runs against Article 14 (equality before law) of the Constitution.
Few other pleas have also been filed in the apex court on the issue.
Some petitioners have challenged the constitutionality of the marital rape exception under Section 375 IPC (rape) on grounds that it discriminated against married women who are sexually assaulted by their husbands.
Under the exception given in Section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
Also Watch: <a href="https://www.editorji.com/india-news/explained-the-important-marital-rape-ruling-in-sc-abortion-verdict-1664465585110">Explained: the important marital rape ruling in SC abortion verdict</a>

The apex court's ruling on abortion is a landmark judement, but it also conceals within in an important message on the judiciary's outlook towards safety of women in India and marital rape. 

SC judgement on abortion conceals important ruling on marital rape 

In a historic verdict on Thursday the Supreme Court ruled that all women are entitled to a safe and legal abortion process and making any distinction between a married and an unmarried woman in this regard is unconstitutional.

While the verdict on abortion is a huge step towards securing the bodily autonomy of women in our country, the verdict also held an important decision on another burning matter of safety of women. For the first time, and only within the ambit of the Medical Termination of Pregnancy Act the apex court ruled that the definition of rape must include marital rape. 


Currently, the MTP act claims that a woman is well within her rights to terminate a pregnancy up to 24 weeks, if it causes grievous harm to her physical or mental health. A pregnancy caused by rape, is presumed to constitute a grave injury to the mental health of the pregnant woman.  


It is this explanation that the Supreme Court used to justify this landmark ruling. A bench led by Justice DY Chandrachud noted that intimate partner violence is a reality that can take the form of rape, and if the MTP act does not recognise marital rape, it would compel 'a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her.'


Data points to the rampant and grim reality of intimate partner violence in India. (Source on screen: National Family Health Survey-5 2019-2021) 1 in every 25 women in India was reportedly subjected to sexual violence by her husband. (Source on screen: ORF) 4% of pregnant women have experienced spousal violence during a pregnancy. (Source on screen: BMC Pregnancy Childbirth) A 2017 study of India, Nepal, and Bangladesh found Gender Based Violence to be a risk factor for unintended pregnancies among adolescent and young adult married women.  

While the recognising marital rape as valid grounds to terminate a pregnancy is a step in the right direction, there is still some distance to travel towards complete criminalisation. At the moment, Exception 2 of Section 375 of the Indian Penal Code decriminalises marital rape and holds that sexual intercourse by a man with his own wife, the wife not being under 18, is not rape. Following a split verdict by the Delhi High Court, the matter is now in front of the Supreme Court. The court has also sought a response from the Centre on a clutch of petitions against the Delhi high court’s verdict on the issue, but put the next hearing after five months.

Could the inclusion of marital rape as rape under the ambit of MTP point to a larger paradigm shift in our court's standing on the matter? Time will tell. 

The apex court's ruling on abortion is a landmark judement, but it also conceals within in an important message on the judiciary's outlook towards safety of women in India and marital rape.&nbsp;

In a historic verdict on Thursday the Supreme Court ruled that all women are entitled to a safe and legal abortion process and making any distinction between a married and an unmarried woman in this regard is unconstitutional.
While the verdict on abortion is a huge step towards securing the bodily autonomy of women in our country, the verdict also held an important decision on another burning matter of safety of women. For the first time, and only within the ambit of the Medical Termination of Pregnancy Act the apex court ruled that the definition of rape must include marital rape.&nbsp;
Currently, the MTP act claims that a woman is well within her rights to terminate a pregnancy up to 24 weeks, if it causes grievous harm to her physical or mental health. A pregnancy caused by rape, is presumed to constitute a grave injury to the mental health of the pregnant woman. &nbsp;
It is this explanation that the Supreme Court used to justify this landmark ruling. A bench led by Justice DY Chandrachud noted that intimate partner violence is a reality that can take the form of rape, and if the MTP act does not recognise marital rape, it would compel 'a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her.'
Data points to the rampant and grim reality of intimate partner violence in India. According to National Family Health Survey-5 2019-2021, 1 in every 25 women in India was reportedly subjected to sexual violence by her husband. A study in ORF showed that 4% of pregnant women have experienced spousal violence during a pregnancy. A 2017 study of India, Nepal, and Bangladesh by BMC Pregnancy Childbirth found Gender Based Violence to be a risk factor for unintended pregnancies among adolescent and young adult married women. &nbsp;&nbsp;
Also watch: <a href="https://www.editorji.com/india-news/sc-both-married-and-unmarried-women-can-undergo-abortion-till-24-weeks-of-pregnancy-1664431937060">Supreme Court rules all women entitled to safe, legal abortion</a>
While the recognising marital rape as valid grounds to terminate a pregnancy is a step in the right direction, there is still some distance to travel towards complete criminalisation. At the moment, Exception 2 of Section 375 of the Indian Penal Code decriminalises marital rape and holds that sexual intercourse by a man with his own wife, the wife not being under 18, is not rape. Following a split verdict by the Delhi High Court, the matter is now in front of the Supreme Court. The court has also sought a response from the Centre on a clutch of petitions against the Delhi high court&rsquo;s verdict on the issue, but put the next hearing after five months.
Could the inclusion of marital rape as rape under the ambit of MTP point to a larger paradigm shift in our court's standing on the matter? Time will tell.&nbsp;

The Supreme Court has issued notice to Centre amd others on pleas against Delhi High Court's split verdict on issue relating to criminalising marital rape matter. The SC agreed to examine pleas relating to issue on criminalising marital rape.Under the exception given in section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
The high court on May 11 delivered a verdict with one of the judges favouring striking down the exception in the law that grants protection to husbands from being prosecuted for non-consensual sexual intercourse with their wives, the other refused to hold it unconstitutional.
However, both the judges had concurred with each other for granting the certificate of leave to appeal to the Supreme Court in the matter as it involves substantial questions of law that requires a decision from the apex court.

Marital Rape Case: Supreme Court agrees to reexamine Delhi High Court's split verdict, issues notice to Centre

Marital rape: SC agrees to reexamine Delhi High Court's split verdict, issues notice to Centre

Under the exception given in section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
&nbsp;

Marital Rape Case : The Supreme Court has issued notice to Centre and others on pleas against Delhi High Court's split verdict on criminalisation of marital rape.&nbsp; The SC agreed to examine pleas relating to issue on criminalising <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-the-history-the-issue-1662112424090">marital rape</a>. It has listed the matter in February 2023 for further hearing. &nbsp; Under the exception given in section 375 of the IPC, sexual intercourse or sexual acts by a man with his wife, the wife not being minor, is not rape.
Also watch: <a href="https://www.editorji.com/india-news/marital-rape-judgment-delhi-high-court-announces-split-verdict-one-judge-against-exemption-for-husbands-the-other-disagrees-1652259637522">What marital rape verdict means: Delhi High Court's split judgment on husband exemption in IPC 375</a>
The <a href="https://www.editorji.com/india-news/delhi-high-court-justice-jasmeet-singh-s-unique-settlement-clean-yamuna-for-45-days-1655109715042">Delhi high court</a> on May 11 delivered a verdict with one of the judges favouring striking down the exception in the law that grants protection to husbands from being prosecuted for non-consensual sexual intercourse with their wives, the other refused to hold it unconstitutional.
However, both the judges had concurred with each other for granting the certificate of leave to appeal to the <a href="https://www.editorji.com/india-news/local/2-yrs-after-arrest-kerala-journalist-siddique-kappan-gets-bail-from-supreme-court-1662717267185">Supreme Court</a> in the matter as it involves substantial questions of law that requires a decision from the apex court.
Also watch: <a href="https://www.editorji.com/india-news/criminalisation-of-marital-rape-could-open-floodgates-of-false-cases-centre-1643471968014">Criminalisation of marital rape could open floodgates of false cases: Centre</a>

There is little to say about marital rape that has not been said already. Justifications, questions, considerations all sound like feeble attempts to hide how inherently patriarchal the law is. That even in 2022, rape of a woman by her husband is not a crime is a cause for concern. Following the recent split verdict by the Delhi High Court on the ‘marital rape clause’ we talk about the history of this exception to the rape law in our country, India's global standing and the broader concept of consent.
Watch ‘The Issue' editorji’s new show that takes a look at social issues that need dire attention, and have been often neglected from mainstream narratives.

The Issue | A closer look at the 'marital rape clause' 

There is little to say about marital rape that has not been said already. Justifications, questions, considerations all sound like feeble attempts to hide how inherently patriarchal the law is. That even in 2022, rape of a woman by her husband is not a crime is a cause for concern. Following the recent split verdict by the Delhi High Court on the ‘marital rape clause’ we talk about the history of this exception to the rape law in our country, India's global standing and the broader concept of consent.

Watch ‘The Issue' editorji’s new show that takes a look at social issues that need dire attention, and have been often neglected from mainstream narratives.

The Issue | A closer look at the 'marital rape clause'  

Only 36 countries in the world have not criminalised marital rape, India is one of them. Are efforts being made in the country to change the colonial-era law? Find out in our new series &lsquo;The Issue'&nbsp;

There is little to say about marital rape that has not been said already. Justifications, questions, considerations all sound like feeble attempts to hide how inherently patriarchal the law is. That even in 2022, rape of a woman by her husband is not a crime is a cause for concern. Following the recent split verdict by the Delhi High Court on the &lsquo;marital rape clause&rsquo; we talk about the history of this exception to the rape law in our country, India's global standing and the broader concept of consent.
Watch &lsquo;The Issue' editorji&rsquo;s new show that takes a look at social issues that need dire attention, and have been often neglected from mainstream narratives. <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-the-history-the-issue-1662112424090">Part I - 'Marital Rape Clause': The History</a> <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-india-s-global-standing-the-issue-1662112595734">Part II - 'Marital Rape Clause': India's global standing&nbsp;</a> <a href="https://www.editorji.com/editorji-specials/marital-rape-clause-the-concept-of-consent-the-issue-1662112818238">Part III - 'Marital Rape Clause': The concept of consent&nbsp;</a>

The debate on whether marital rape should be criminalised will see yet another chapter. The Delhi High Court delivered a split verdict on the question on May 11.
The two judges on the HC bench differed on whether husbands should be exempted from Section 375 of the Indian Penal Code, which pertains to rape. While Justice Rajiv Shakdher said that the exception for husbands should be struck down, Justice C Hari Shankar disagreed, stating that the exception was not unconstitutional, and based on intelligible differentia.
Petitioners had sought criminalisation of marital rape, claiming that the exemption under IPC discriminates against married women. Section 375 says that sexual acts by a man with his wife, who should not be a minor, is not rape.
The petitioners can approach the Supreme Court now.
In 2017, the Narendra Modi government had opposed the criminalisation of marital rape, claiming that such a move would destabilise the institution of marriage. However, in February 2022, the Central government sought more time to state its stand before the High Court, but the request was turned down.

What marital rape verdict means: Delhi High Court's split judgment on husband exemption in IPC 375

Marital rape judgment: the two judges on the Delhi HC bench differed on whether husbands should be exempted from Section 375 of the Indian Penal Code, which pertains to rape.

The debate on whether marital rape should be criminalised will see yet another chapter. The Delhi High Court delivered a split verdict on the question on May 11.
The two judges on the HC bench differed on whether husbands should be exempted from Section 375 of the Indian Penal Code, which pertains to rape. While Justice Rajiv Shakdher said that the exception for husbands should be struck down, Justice C Hari Shankar disagreed, stating that the exception was not unconstitutional, and based on intelligible differentia.
Petitioners had sought criminalisation of marital rape, claiming that the exemption under IPC discriminates against married women. Section 375 says that sexual acts by a man with his wife, who should not be a minor, is not rape.
ALSO WATCH:&nbsp;<a href="https://www.editorji.com/india-news/sex-determination-can-t-be-trivialised-delhi-hc-raps-jayeshbhai-jordaar-makers-1652109380861" target="_blank">Sex determination can't be trivialised: Delhi HC raps 'Jayeshbhai Jordaar' makers</a>
The petitioners can approach the Supreme Court now.
In 2017, the Narendra Modi government had opposed the criminalisation of marital rape, claiming that such a move would destabilise the institution of marriage. However, in February 2022, the Central government sought more time to state its stand before the High Court, but the request was turned down.

In a landmark order, the Karnataka High Court allowed framing of rape charges against a husband. The order came even as the Delhi High Court is dealing with petitions challenging the exception provided to husbands in the Indian Penal Code regarding rape.
The Karnataka High Court reportedly said that "marriage does not confer... any special male privilege or license for unleashing of a brutal beast". The court reportedly said that "a brutal act of sexual assault on the wife, against her consent, albeit by the husband" has to be termed rape.
The High Court also reportedly added that it was not talking about criminalisation of marital rape, and that this was an issue for the legislature to consider. The court reportedly asked lawmakers to ponder over legal provisions which make women and men unequal, and wives subordinate to their husbands.
In February this year, the Union government was reportedly asked by the Delhi High Court to "bite the bullet" on the issue of marital rape. The central government had reportedly submitted that it would take a stand on the issue after consultation with states, Union Territories, and other stakeholders. The Delhi High Court had said that it cannot adjourn the matter "endlessly".

Marital rape debate: Why rape charge order against a husband by Karnataka HC is significant

Why rape charge order against a husband by Karnataka HC is significant | Marital rape debate


&nbsp;
In a landmark order, the Karnataka High Court allowed framing of rape charges against a husband. The order came even as the Delhi High Court is dealing with petitions challenging the exception provided to husbands in the Indian Penal Code regarding rape. The Karnataka High Court reportedly said that "marriage does not confer... any special male privilege or license for unleashing of a brutal beast". The court reportedly said that "a brutal act of sexual assault on the wife, against her consent, albeit by the husband" has to be termed rape. The High Court also reportedly added that it was not talking about criminalisation of marital rape, and that this was an issue for the legislature to consider. The court reportedly asked lawmakers to ponder over legal provisions which make women and men unequal, and wives subordinate to their husbands. In February this year, the Union government was reportedly asked by the Delhi High Court to "bite the bullet" on the issue of marital rape. The central government had reportedly submitted that it would take a stand on the issue after consultation with states, Union Territories, and other stakeholders. The Delhi High Court had said that it cannot adjourn the matter "endlessly".
============================================
CAPTIONS Karnataka High Court's landmark order Rape charges allowed against husband Marriage not license to unleash beast: HC Order amid marital rape debate in Del hi HC

<div>The court reportedly said that "a brutal act of sexual assault on the wife, against her consent, albeit by the husband" has to be termed rape.</div>

In a landmark order, the Karnataka High Court allowed framing of rape charges against a husband.&nbsp;The order came even as the Delhi High Court is dealing with petitions challenging the exception provided to husbands in the Indian Penal Code regarding rape.
The Karnataka High Court reportedly said that "marriage does not confer... any special male privilege or license for unleashing of a brutal beast".&nbsp;The court reportedly said that "a brutal act of sexual assault on the wife, against her consent, albeit by the husband" has to be termed rape.
Also Watch|&nbsp;<a href="https://www.editorji.com/india-news/criminalisation-of-marital-rape-could-open-floodgates-of-false-cases-centre-1643471968014" target="_blank">Criminalisation of marital rape could open floodgates of false cases: Centre</a>
The High Court also reportedly added that it was not talking about criminalisation of marital rape, and that this was an issue for the legislature to consider.&nbsp;The court reportedly asked lawmakers to ponder over legal provisions which make women and men unequal, and wives subordinate to their husbands.
In February this year, the Union government was reportedly asked by the Delhi High Court to "bite the bullet" on the issue of marital rape.&nbsp;The central government had reportedly submitted that it would take a stand on the issue after consultation with states, Union Territories, and other stakeholders.&nbsp;The Delhi High Court had said that it cannot adjourn the matter "endlessly".

The Centre in a written submission to the Delhi High Court filed on January 12 has said that the criminalisation of marital rape 'could open flood gates of false cases being made with ulterior motives'.
It said 'apprehensions of gross misuse of the offence of marital rape cannot be ruled out'.
The Delhi High Court has been hearing a batch of petitions challenging the exception to the rape law stating that any forceful sexual act performed by a man on his own wife is not rape as long as she is above 15 years of age.
The Centre also submitted that before a view on criminalisation is taken it needs to precisely defined what constitutes marital rape and what does not. 
Centre on Friday sought more time to finalise its stand on the matter after the Delhi High Court asked if it wants to withdraw its opposition to criminalisation of marital rape. 

Criminalisation of marital rape could open floodgates of false cases: Centre

The Centre in a written submission to the Delhi High Court filed on January 12 has said that the criminalisation of marital rape 'could open flood gates of false cases being made with ulterior motives'.

Centre: criminalising marital rape could open flood gates of false cases
Centre to Delhi HC: gross misuse marital rape offence can't be ruled out
Delhi HC hearing pleas seeking criminalisation of marital rape
Centre: need to precisely define what is marital rape
Centre has sought more time from HC to finalise stand on marital rape
&nbsp;

Centre on Friday sought more time to finalise its stand on the matter after the Delhi High Court asked if it wants to withdraw its opposition to criminalisation of marital rape.&nbsp;

The Centre in a written submission to the Delhi High Court filed on January 12 has said that the criminalisation of marital rape 'could open flood gates of false cases being made with ulterior motives'.
It said 'apprehensions of gross misuse of the offence of marital rape cannot be ruled out'.
The Delhi High Court has been hearing a batch of petitions challenging the exception to the rape law stating&nbsp;that any forceful sexual act performed by a man on his wife is not rape as long as she is above 15 years of age.
The Centre also submitted that&nbsp;before a view on criminalisation is taken it needs to be precisely defined what constitutes marital rape and what does not.&nbsp;
Also watch:&nbsp;<a href="https://www.editorji.com/india-news/consent-amongst-most-underrated-concepts-in-our-society-rahul-gandhi-1642350865816">Consent amongst most underrated concepts in our society: Rahul Gandhi</a>
Centre on Friday sought more time to finalise its stand on the matter after the Delhi High Court asked if it wants to withdraw its opposition to criminalisation of marital rape.&nbsp;

Amid growing calls for criminalisation of marital rape, Congress leader Rahul Gandhi on Sunday called consent one of most underrated concepts in Indian society. 
Tweeting with the hashtag marital rape, Gandhi further said that consent has to be foregrounded to ensure safety for women. 
The Centre had on Thursday told the Delhi High Court, which is hearing a batch of petitions on criminalising marital rape, that it was considering a 'constructive approach' to the issue and has sought suggestions from state governments, the Chief Justice of India, MPs and others. 
The bench orally observed that the exclusion of 'certain circumstances' from the ambit of rape 'because of inter-party relationship' is problematic and that the marital rape exception could be examined in the light of protection granted to sex workers in rape law.
It remarked that when the rape law grants no exemption in case of forced intercourse with a sex worker who chooses to withdraw consent at a belated stage, why should a wife be 'less empowered'.

Consent amongst most underrated concepts in our society: Rahul Gandhi

Amid growing calls for criminalisation of marital rape, Congress leader Rahul Gandhi on Sunday called consent one of most underrated concepts in Indian society. 

Rahul&nbsp;Gandhi: consent underrated concept in our society
Delhi HC currently hearing pleas on criminalisation of marital rape
Centre: considering a constructive approach on criminalising&nbsp;marital rape
Delhi HC: excluding certain circumstances from rape ambit problematic

The Delhi High Court is currently hearing a batch of petitions on criminalising&nbsp;marital rape

Amid growing calls for criminalisation of marital rape, Congress leader Rahul&nbsp;Gandhi on Sunday called consent one of most underrated concepts in Indian society.&nbsp;
Tweeting with the hashtag&nbsp;marital rape, Gandhi further said that consent has to be&nbsp;foregrounded to ensure safety for women.&nbsp;
The Centre had on Thursday told the Delhi High Court, which is hearing a batch of petitions on criminalising&nbsp;marital rape,&nbsp;that it was considering a 'constructive approach' to the issue and has sought suggestions from state governments, the Chief Justice of India, MPs and others.&nbsp;
The bench orally observed that the exclusion of 'certain circumstances' from the ambit of rape 'because of inter-party relationship' is problematic and that the marital rape exception could be examined in the light of protection granted to sex workers in rape law.
It remarked that when the rape law grants no exemption in case of forced intercourse with a sex worker who chooses to withdraw consent at a belated stage, why should a wife be 'less empowered'.

A Chhattisgarh high court ruling on Thursday that said &lsquo;Sexual intercourse by a man with his wife, is not rape even if it is by force or against her wish' has triggered a massive outrage.
An editorji poll across several social media platforms has shown that an overwhelming majority of respondents want the ruling to be appealed and reversed.
The Chhattisgarh high court had discharged a man from facing trial for allegedly raping his wife, given that Indian law does not recognise marital rape if the wife is above 15 years of age.
85% of the Twitter respondents favoured an appeal against the ruling, while only 7% said that it should be accepted.
Similar sentiment has been echoed on LinkedIn where 90% said that the controversial ruling must be reversed, while 10% agreed with it.
On Telegram, 100% respondent voted in favour of an appeal against the judgement, whereas on Instagram almost 80% showed their disapproval of the court judgement and favoured an appeal against the ruling.

editorji poll shows massive outrage against Chhattisgarh HC ruling on marital rape

Chhattisgarh HC ruling on marital rape: editorji&nbsp;polls shows massive outrage, demand for the ruling to be appealed

Chhattisgarh HC ruling on marital rape: Editorji polls shows massive outrage

Chhattisgarh HC ruling on marital rape: editorji&nbsp;polls shows massive outrage
High Court&nbsp;said sex with wife against her will is not rape
Overwhelming majority of respondents want order to be appealed

An editorji poll across several social media platforms has shown that an overwhelming majority of respondents want the ruling to be appealed and reversed

A Chhattisgarh high court ruling on Thursday that said &lsquo;Sexual intercourse by a man with his wife, is not rape even if it is by force or against her wish' has triggered a massive outrage.
An editorji poll across several social media platforms has shown that an overwhelming majority of respondents want the ruling to be appealed and reversed.
The Chhattisgarh high court had discharged a man from facing trial for allegedly raping his wife, given that Indian law does not recognise marital rape if the wife is above 15 years of age.
85% of the Twitter respondents favoured an appeal against the ruling, while only 7% said that it should be accepted.
Similar sentiment has been echoed on LinkedIn where 90% said that the controversial ruling must be reversed, while 10% agreed with it.
On Telegram, 100% respondent voted in favour of an appeal against the judgement, whereas on Instagram almost 80% showed their disapproval of the court judgement and favoured an appeal against the ruling.

The Chhattisgarh High Court on Thursday acquitted a man from facing trial for allegedly raping his wife ruling that sexual intercourse between legally wedded man and woman is not rape even if it is by force.During the hearing of the case involving the issue of &lsquo;marital rape&rsquo;, Justice NK Chandravanshi said that &lsquo;sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape...even if it is by force or against her wish'.The accused husband in his case stated that none of the accusations constitute the punishable offence in India since marital rape is not recognised.The wife had alleged that after some days of marriage, her in-laws started harassing her for dowry and beat her up. The complainant had further cliamed that the husband had made unnatural physical relation with her despite her protest. The high court has upheld charges of unnatural sex framed against him under Section 377 of the Indian Penal Code (IPC).Earlier this month, the Kerala High Court held that marital rape is a valid ground for divorce even though it is not penalised in India, calling it &ldquo;cruelty.&rdquo;

'Sexual intercourse by husband not rape, even if by force’: Chhattisgarh HC

Chhattisgarh HC acquitted a man from facing trial for allegedly raping his wife ruling that 'sexual intercourse between legally wedded man and woman is not rape even if it is by force'

Chhattisgarh High Court's controversial ruling on marital rape
Court says&nbsp;sexual intercourse by husband not rape, even if by force
Chhattisgarh HC acquitted a man from facing trial for raping his wife
Marital rape not recognised in India,&nbsp;accused husband states
Complainant accused husband of making unnatural physical relation&nbsp;
HC upheld charges of unnatural sex framed under IPC Section 377

Justice NK Chandravanshi said that &lsquo;sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape...even if it is by force or against her wish'

The Chhattisgarh High Court on Thursday acquitted a man from facing trial for allegedly raping his wife ruling that sexual intercourse between legally wedded man and woman is not rape even if it is by force. During the hearing of the case involving the issue of &lsquo;marital rape&rsquo;, Justice NK Chandravanshi said that &lsquo;sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape even if it is by force or against her wish'. The accused husband in his case stated that the accusations cannot amount to punishable offence in India since marital rape is not recognised. The wife had alleged that after some days of marriage, her in-laws started harassing her for dowry and beat her up. The complainant had further claimed that the husband had made unnatural physical relation with her despite her protest. The high court has upheld charges of unnatural sex framed against him under Section 377 of the Indian Penal Code (IPC). Earlier this month, the Kerala High Court held that marital rape is a valid ground for divorce even though it is not penalised in India, calling it &ldquo;cruelty.&rdquo;

The Kerala High Court has passed a significant judgment ruling marital rape as a ground for divorce.
Observing that in modern social jurisprudence spouses are treated as equal partners, the Court said that the husband cannot claim any superior right over wife with respect to her body or individual status.
While marital rape is legal under the Indian Penal Code, the bench comprising of Justices A Muhamed Mustaque and Kauser Edappagath said that it was a form of cruelty and a good ground to claim divorce.
The Court was hearing a matter where the husband had challenged a family&rsquo;s court verdict in favour of his wife who had sought divorce.&nbsp; He had in turn filed a petition for restitution of conjugal rights which the court dismissed observing that he was treating his wife as money-minting machine and she was tolerating the sexual and mental harassment for the sake of marriage.
The High Court made several key observations such as-
&ldquo;Treating wife's body as something owing to husband and committing sexual act against her will is nothing but marital rape&hellip;&rdquo;
&ldquo;Marital privacy is intimately and intrinsically connected to individual autonomy and any intrusion, physically or otherwise into such space would diminish privacy&hellip;&rdquo;
&ldquo;A husband's licentious disposition disregarding the autonomy of the wife is a marital rape, albeit such conduct cannot be penalised, it falls in the frame of physical and mental cruelty&hellip;&rdquo;

Kerala HC's landmark judgment: Court says marital rape is a ground for divorce

"Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognizing the same as a form of cruelty to grant divorce,"&nbsp;the Court ruled.&nbsp;

The Kerala High Court has passed a significant judgment ruling marital rape as a ground for divorce.
Observing that in modern social jurisprudence spouses are treated as equal partners, the Court said that the husband cannot claim any superior right over wife with respect to her body or individual status.
While marital rape is not a criminal offence under the Indian Penal Code, the bench comprising of Justices A Muhamed Mustaque and Kauser Edappagath said that it fell in the frame of mental and physical&nbsp;cruelty and is a good ground to claim divorce.
The Court was hearing a matter where the husband had challenged a family&rsquo;s court verdict in favour of his wife who had sought divorce.&nbsp; He had in turn filed a petition for restitution of conjugal rights which the court dismissed observing that he was treating his wife as money-minting machine and she was tolerating the sexual and mental harassment for the sake of marriage.

Justices A Muhamed Mustaque and Kauser Edappagath observed that though marital rape cannot be penalised under the law, it was a form of cruelty and a good ground to claim divorce.

The Kerala High Court has passed a landmark judgment, ruling marital rape as a ground for divorce.
Observing that in modern social jurisprudence, spouses are treated as equal partners, the Kerala High Court said that the husband cannot claim any superior right over wife with respect to her body or individual status.
While marital rape is not a criminal offence under the Indian Penal Code, the bench comprising of Justices A Muhamed Mustaque and Kauser Edappagath said that it fell in the frame of mental and physical&nbsp;cruelty and is a good ground to claim divorce.
The Court was hearing a matter where the husband had challenged a family&rsquo;s court verdict in favour of his wife who had sought divorce.&nbsp; He had in turn filed a petition for restitution of conjugal rights which the court dismissed observing that he was treating his wife as money-minting machine and she was tolerating the sexual and mental harassment for the sake of marriage.
The High Court made several key observations such as-
&ldquo;Treating wife's body as something owing to husband and committing sexual act against her will is nothing but marital rape&hellip;&rdquo;
&ldquo;Marital privacy is intimately and intrinsically connected to individual autonomy and any intrusion, physically or otherwise into such space would diminish privacy&hellip;&rdquo;
&ldquo;A husband's licentious disposition disregarding the autonomy of the wife is a marital rape, albeit such conduct cannot be penalised, it falls in the frame of physical and mental cruelty&hellip;&rdquo;

marital rape

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