Sexual Autonomy: Section 375's Anomaly in 2025
criminal judiciary beginner reform_ideaSection 375 of the IPC defines rape and prescribes a punishment. But it has a glaring loophole - marital rape is not explicitly criminalized. In 2023, this led to a landmark judgment in X vs. Hospital Board of Management, where the Supreme Court acknowledged marital rape but declined to make it a separate offense. This is nonsensical in 2025, where #MeToo has highlighted the importance of sexual autonomy and personal consent. The current law still implies that a woman's consent is automatically given by virtue of her marriage, which is a medieval concept. Why should a woman's husband have more rights over her body than she does herself? Repealing this section and making marital rape a distinct offense is long overdue.
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