THE CAREFUL QUESTIONING OF SOCIO-LEGAL PREMISES: A STEP TOWARDS CRIMINALIZING MARITAL RAPE
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Abstract
The recent judgment of the Supreme Court of India on the criminality of sexual intercourse between a man and his wife, being a girl between 15 to 18 years of age, is likely to lead to important social and legal repercussions.
Though the Court categorically refrained from making any observations with regard to the issue of marital rape of a woman aged 18 years or above, the judgment has opened further channels of debate on this issue. Despite clarity in keeping the scope of the judgment limited to the issue of criminalising marital rape of girls aged between 15-18 years of age, many of the contentions and observations in the judgment may as well apply to marital rape of adult women.
Even though the question of marital rape of adult women has been left open, various dichotomies pertaining to legal provisions affecting female children aged between of 15 to 18 years, now stand harmonised.
The present article explores various aspects discussed in the judgment.
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