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Marital rape has no place in modern social jurisprudence and is inconsistent with the constitutional rights of women. It is long overdue to criminalise martial rape in India. Critically analyse. (250 words)

Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

 

2. Marital rape has no place in modern social jurisprudence and is inconsistent with the constitutional rights of women. It is long overdue to criminalise martial rape in India. Critically analyse. (250 words)

Difficulty level: Moderate

Reference: the Hindu

Why the question: Over the last several months, arguments challenging the constitutionality of the marital rape exception in Section 375 of the Indian Penal Code (IPC) had gripped the Delhi High Court. While the judgment in those petitions is still awaited, in one clean swoop Justice M. Nagaprasanna of the Karnataka High Court on March 23, 2022, in the case of Hrishikesh Sahoo vs State of Karnataka, pronounced the end of the marital rape exception.

Key Demand of the question: To write about the need to criminalise marital rape in India.

Directive word: 

Critically analyze – When asked to analyse, you must examine methodically the structure or nature of the topic by separating it into component parts and present them in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a balanced judgment on the topic.

Structure of the answer:

Introduction: 

Begin the answer by giving context regarding criminalisation of marital rape.

Body:

First, mention the need to criminalise marital rape – against right to dignity under Article 21, Gender violence, against article 14, marital rape has adverse and long-term consequences on women’s health and well-being etc.

Next, write about the factors which creates obstacles for criminalisation of marital rape.

Suggest reforms to overcome the above issues.

Conclusion:

Conclude with a way forward.