1. Why in news
1.1. Delhi HC delivered a split verdict on decriminalising marital rape in India
1.1.1. Justice Rajiv Shakdher
1.1.1.1. Struck down exception 2 of IPC Section 375
1.1.1.1.1. Section 375
1.1.2. Justice C.Hari Shanker
1.1.2.1. Upheld the section 375
2. What is Exception 2 of Section 375
2.1. States that sexual intercourse or sexual acts by a man with his own wife
2.1.1. The wife not being under age 18
2.1.1.1. Is not rape
3. What is section 375 of IPC?
3.1. Defines the acts that constitutes rape
3.1.1. Two exceptions
3.1.1.1. Decriminalises marital rape
3.1.1.2. Mentions that medical procedures or interventions shall not constitute rape
3.2. Age old law based on two doctrines
3.2.1. Doctrine of Hale
3.2.1.1. Given by Matthew Hale , British Chief Justice in 1736
3.2.1.2. States that
3.2.1.2.1. Husbands can’t be guilty of rape since their mutual matrimonial consent and contract that the wife has given up herself in this kind to the husband
3.2.2. Doctrine of Coverture
3.2.2.1. States that
3.2.2.1.1. A woman has no legal identity after marriage and legal rights
3.2.2.2. Was found violative of women’s fundamental rights by Supreme Court when adultery was struck down as an offence in 2018
4. Petitioners in the case
4.1. NGO RIT foundation
4.2. All India Democratic Women’s association
4.3. A marital rape victim
5. Opposed by
5.1. Men’s Welfare trust
5.1.1. Stated that
5.1.1.1. Sexual intercourse between husband and wife can’t be treated at par with non marital relationships
5.1.1.1.1. As issue of consent can’t be divorced from marriage
6. What is the GOI’s stand ?
6.1. In 2017
6.1.1. central govt stated
6.1.1.1. Criminalising marital rape May destabilise the institution of marriage and will be used to harass husbands
6.2. In 2022
6.2.1. Said that they wanted to consult all stakeholders including state govts
6.2.1.1. So that no injustice is done on any section
7. What is the law commission’s take ?
7.1. The need to remove the exception was rejected in 2000
8. What is the parliament’s discussion on marital rape?
8.1. In 2015 discussion
8.1.1. Minister of State for home affairs Haribhai Chaudhary rejected it
8.1.1.1. Said marital rape can’t be applied in india as marriage is considered sacred.
8.2. In 2017
8.2.1. Union minister of state Krishna Raj opined that
8.2.1.1. GOI was against removing the exception
9. How did the exception got into IPC?
9.1. IPC based on
9.1.1. 1847 draft of Lord Macaulay
9.1.1.1. Lord Macaulay
9.1.1.1.1. Chairman of the first law commission in Colonial India
9.2. Under 1st version of the rules
9.2.1. Marital rape exception was applicable to women over 10
9.2.1.1. In 1940
9.2.1.1.1. Age raised to 15
9.2.1.2. In 2017
9.2.1.2.1. Age raised to 18
10. Status of marital rapes around the world
10.1. According to Amnesty International data
10.1.1. 17 out of 185 countries criminalise marital rape through legislation
10.2. 10 countries allow marital rape
10.2.1. India
10.2.2. Ghana
10.2.3. Indonesia
10.2.4. Jordan
10.2.5. Lesotho
10.2.6. Nigeria
10.2.7. Oman
10.2.8. Singapore
10.2.9. Srilanka
10.2.10. Tanzania
10.3. Some countries allow rapists to avoid prosecution by marrying their victims
11. UN’s take on the issue
11.1. Has urged countries to end marital rape
12. Any other law that deals with marital rape
12.1. Domestic Violence Act hints at marital rape or sexual abuse in marriage or live in relationships
12.1.1. But provides only civil remedies.