"MARITAL RAPE IN INDIA: A QUEST FOR JUSTICE, EQUALITY, AND HUMAN RIGHTS"

[1] Krug EG et al., eds. World report on violence and health. Geneva, World Health Organization, 2002 [2] Maheshbhai Bharathi Desai vs State of Gujarat R/CR.MA/26957/2017 [3] Supra note 1 [4] R. Thornhill & C. T. Palmer, A Natural History of Rape-Biological Bases or Sexual Coercion (1 Ed., 2000); R. Thornhill & N. Thornhill, The Evolution of Psychological Pain, In Sociology and Social Science (R. Bell N. Bell Eds., 1989). [5] Indian Penal Code, 1860 (Act 45 of 1860) [6] Section 375 IPC, Exception 2 – Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape [7] Criminal Law (Amendment) Act, 2018 [8] Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. Explanation — In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375. [9] 42nd Law Commission of India Report [10] Dr Kapoor S. K., International Law and Human Rights, Central Law Agency (17th edition), 2009. [11] The Universal Declaration of Human Rights, 1948: section 2(1) (d) Protection of Human Rights Act, 1993 [12] Article 14 Constitution of India [13] State of West Bengal v. Anwar Ali Sarkar, AIR (1952) SC 75 [14] Independent Thought v. Union of India, WRIT PETITION (CIVIL) NO. 382 OF 2013 [15] Joseph shine v. Union of India, writ (criminal) Petition no. 194 of 2017 [16] AIR 1991 SC 207 [17] 1999 (2) ALT Cri 77, II (1999) DMC 174 [18] (1886) ILR 8 All 622 [19] R/CR.MA/26957/2017