Marital Rape and the question of ‘consent’
Rape in the present day context has been seen as the most heinous crimes that is prevelant in the society. Rape in the simplest of forms could be defined as an act of coercive sex of non consensual nature by the offender on the survivor (the author has on purpose abstained from the usage of the word ‘victim’ as she believws that the usage of the same defeats the purpose of the crusade around the rights of rape victims.) Gendering the act of rape has been particularly avoided because the issue needs a particular attention though a lot of debates have taken place around it but the issue has not been able to reach a particular standpoint, but that is beside the point and out of the scope of the present context. Marital rape, though till date, has not been able to find its way in the criminal statutes of the country and finds itself mentioned as an exception to section 375 of the Indian Penal Code. . A glance at clause 359 and 360 of the Draft code reveals that Macaulay and his ...