Marital Rape Archives

The framework of privacy established by the landmark ruling is based on physical integrity, decisional autonomy, individual dignity, and freedom; declaring the marital rape exemption to be "unconstitutional" would be the fitting realisation of this framework. On August 24, 2012, five years ago, the Supreme Court of India issued its historic nine-judge bench judgement in the case of K.S. Puttaswamy against Union of India, finding that the right to privacy is a fundamental right derived from article III of the Indian Constitution. Legal academics at the time stated that Puttaswamy might alter the legal landscape of women's rights in India, but that this would rely on the future case-by-case application of Puttaswamy by the courts. Both the legalisation of same-sex partnerships (in Nav...

ArticleCultureSociety

Social Media Blows Out With Protests Against Criminalizing Marital Rape: A Classic Case Of Men Avoiding Accountability

Snehashish RoyJanuary 25, 20220

Twitter, among other social media platforms, has been stormed with #MarriageStrike and #MaritalStrike from the last two days. The hashtag inundation is the result of a protest showcasing "concerns" and dissatisfaction with court hearings on a plea seeking the criminalisation of marital rape under the Indian Penal Code (IPC). In recent times, there has been an overhaul of laws related to sexual assaults. However, the judiciary has failed to give protection to a married woman being forced to have sex without consent. A divide is being seen where men and women are taking sides. Arguments are being kept from the proponents of the social media protest that criminalising marital rape will lead to false convictions of men as a result of frivolous allegations. They argue that altering...