Gauhati High Court: Forcible Sex in Marriage Not Rape Under IPC Exception

Gauhati High Court: Forcible Sex in Marriage Not Rape Under IPC Exception

Oct 1, 2024

Single Judge Malasri Nandi observed that non-consensual intercourse between a man and his wife, if she is above 15 years, does not amount to rape. if it is violent, cannot be considered rape. The prosecution failed to prove the accused/appellant beyond reasonable doubt.

Read More
Landmark Gujarat High Court Ruling Stresses Accountability and Urges Societal Shift in Addressing Gender Violence

Landmark Gujarat High Court Ruling Stresses Accountability and Urges Societal Shift in Addressing Gender Violence

Dec 19, 2023

The Gujarat High Court has emphasized the importance of addressing gender violence and the need to break the silence surrounding it. The court noted that marital rape is illegal in fifty American States, three Australian States, New Zealand, Canada, Israel, France, Sweden, Denmark,

Read More
The Important Question of Marital Rape: Analysing the Intersection of Legisprudence & Jurisprudence

The Important Question of Marital Rape: Analysing the Intersection of Legisprudence & Jurisprudence

Feb 2, 2023

The Question of Marital Rape is a very important question that needs to be addressed. But how this problem shall be addressed? How shall the question of Rape be addressed in the context of Marriage? How shall Marriage be defined in the context

Read More
Appeal in Supreme Court on Delhi HC marital rape verdict

Appeal in Supreme Court on Delhi HC marital rape verdict

May 18, 2022

Written by Shaurya Mahajan An appeal has been filed in the honourable Supreme Court against the split verdict delivered by the Delhi High Court in the marital rape case. The case deals with the validity of Exception 2 of Section 375 of the

Read More
Delhi High Court’s Split verdict on Marital Rape opens up Substantial question of law for Apex Court

Delhi High Court’s Split verdict on Marital Rape opens up Substantial question of law for Apex Court

May 11, 2022

Written by: Neha Virmani Quorum of two judge bench of Delhi HC comprising of Justices Harishankar and Rajiv Shakdher while hearing a batch of petition over the complicated issue pertaining to Section 375 Exceptions which talk about “Martial Rape”, had a split verdict

Read More
Marital Rape Exception Is Fiction, “Won’t Create New Crime”.

Marital Rape Exception Is Fiction, “Won’t Create New Crime”.

Jan 20, 2022

In the case of RTI Foundation v. UOI and Ors.  the Delhi high Court heard the pertinent submissions made by Senior Advocate Rebecca John. Appearing as an amicus curiae, she told the court that the removal of exception 2 from sec. 375 of

Read More
Gujarat High Court to decide Constitutionality of IPC exemption under Section 375 to marital rape

Gujarat High Court to decide Constitutionality of IPC exemption under Section 375 to marital rape

Dec 15, 2021

By – Neha Virmani The division bench of High court of Gujarat comprising of Justice J.B Pardiwala and Niral R Mehta heard a challenge writ plea where the petitioner raised the issue of Constitutional validity of Exception 2 of Section 375 which deals

Read More