Indian courtroom offers break up judgement on petition to outlaw marital rape

An Indian court gave a split verdict regarding a petition filed to outlaw marital rape. — AFP/File


An Indian court gave a split verdict regarding a petition filed to outlaw marital rape. — AFP/File
An Indian court gave a split verdict regarding a petition filed to outlaw marital rape. — AFP/File 
  • Indian court gives split verdict regarding outlawing marital rape due to opposing views of two judges. 
  • Case will likely be appealed to Supreme Court.
  • Marital rape has been outlawed in more than 100 countries, but not in India.

An Indian court gave a split verdict regarding a petition filed to outlaw marital rape due to opposing views of two of the judges.

One of the judges nullified the “exception in a British-era law”, according to which a man cannot be charged with marital rape. 

However, the other judge refused to make any amendments to Section 375 of the Indian Penal Code which says “sex by a man with his own wife who’s not a minor is not rape.”

According to BBC, feminist advocates have been raising their voices to modify the law which exists since 1860 and the court’s order has acted as a “setback” to them, however, the case will likely be appealed to the Supreme Court.

Marital rape has been outlawed in more than 100 countries, but it hasn’t been made illegal in India as the Indian government and religious groups have “opposed the petitions, saying marriages are sacrosanct in India.” 



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