Twist in Jurisprudence: Marital Rape
jurisprudence ailet intermediate trick_questionMost people think they know what Marital Rape means, but let's see how AILET twists it. Question: "Marital Rape is explicitly recognized as a crime under the Indian Penal Code, 1860." So, it seems straightforward, but think again. The question is not about the IPC, it's about the S. 375 exception.
The IPC has several exceptions to S. 375, but most people ignore them. They'll be like, "Marital Rape is a crime, so it's recognized." But that's not the question. The question is: is it explicitly recognized as a crime in the context of S. 375 exceptions. Don't make the mistake of thinking it's just about the IPC, think about the exceptions, specifically S. 198. Many will get trapped in this question, so be careful.
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Yaar, marital rape issue bahut important hai. To clarify, SC has already held married women as equal citizens under Article 21. Section 375 (modified by Criminal Law Amendment Act, 2013) doesn't exclude marital rape. It's only a defence that consent was given by wife. But, in reality, consent in coercive relationships ke under aapke liye nahi karna hoga. We need a more nuanced approach to this issue.
Aapke sawal ka jawaab hai ki marital rape ka kya vishay hai? Yeh vishay bahut uchit hai, kyunki kai samaj mein yeh mazhab ke liye accept hai ki shadi ke baad patni ka sarir apne pati ka hai. Lekin SC ne 2017 mein Indra Sawhney v/s Union of India ka judh lagaaya aur kaha ki marital rape bhi rape hai, aur pati ko punish kiya ja sakta hai.