Nightly Rape: A Reinterpretation of the Marital Rape Exception in India

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  • Economic and Political Weekly Vol. 59; No.26-27 - 29 June 2024 pp. 8-14
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Summary: The plain language of Section 375, Exception 2 of the Indian Penal Code is critically analysed in this paper. It is commonly believed and referred to as the “marital rape exception.” I argue for an alternative reading of the exception which would hold husbands liable for sexual abuse under Section 375 of the IPC. Constitutional compulsions require a contemporary reading of the law consistent with the right of every individual to equality and dignity.
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The plain language of Section 375, Exception 2 of the Indian Penal Code is critically analysed in this paper. It is commonly believed and referred to as the “marital rape exception.” I argue for an alternative reading of the exception which would hold husbands liable for sexual abuse under Section 375 of the IPC. Constitutional compulsions require a contemporary reading of the law consistent with the right of every individual to equality and dignity.

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