Constitutionality of Marital Rape in India: From Law Commission Reports to Substantive Testing

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In the process of the Delhi High Court on 10 January, 2022 continuing the hearing of petititons on Marital Rape, there is unclarity on its current legal stand. The main contentions raised are on the exemption – II of S.375 of the Indian Penal Code (IPC), and the state failure to take the necessary steps to criminalize the offense of Marital Rape in India. Initially, there have been many attempts to remove the exceptions which have not been achieved yet. It is a long-awaited reform since 1991, though there have been mixed reviews about it in the past as well in the present.

According to the first submission by the counsel Ms. Karuna Nundy, for the petitioners, All India Democratic Women’s Association and RIT Foundation. Precisely, there were three limbs of submission:

  1. There is no presumption of the constitutionality of pre-constitutional provisions.
  2. Striking…

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