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Showing posts from February, 2022

Marital Rape - Social and legal aspects

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                By - Suraj Rawat &                       Saurabh Yadav           Image credit - Hindustan Times There is an impression in our social circle and community, due to our patriarchal heritage and colonial legacies, that a woman is tied to her husband as a form of property owned by him. But our constitution treats women as a separate legal entity, who are not bound to her spouse for justice and are entitled to every right as other segments of society receive. So, the question rolling in minds of many is why there is inequality just based on their marital status, just because the offender is her spouse, would they be denied justice? The immunity provided to the spouses in section 375 is in contradicton with several fundamental rights provided to every citizen which incorporates right to equality, life with dignity, personhood, privacy, sexual, and personal autonomy. A two-judge Bench of Justices Rajiv Shakder and C Hari Shankar is hearing a clutch of four petit