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Marital Rape Case, CJI DY Chandrachud has agreed to list a series of…
Marital Rape Case
Context
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CJ refused to quash the charge, pronounced the end of the marital rape exception
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Historical roots
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In UK, this principle has now been completely abolished
By marriage, a woman gives up her body to the husband
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Arguments against
Rape is not a normal sexual intercourse, this awareness needs to be created
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Easy tool for harassing the husbands by misusing the law similar to the growing misuse of section 498A
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Way Forward
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Examination by expert committee consisting of medical personnel, family counsellors, judges and police on the basis of varied aspects like the couple’s sexual history
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CJI DY Chandrachud has agreed to list a series of petitions seeking the criminalization of marital rape for an early hearing.