Classification of Rape victims in marital rape is unconstitutional: petitioners said before Delhi High Court

Published on 18 Jan 2018 by Tushar

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Image courtesy: NewsLaundry

Pressing against provisions allowing “legal rape” of married women and the unconstitutional classification of rape victim as married, married but separated and unmarried, the RIT Foundation and The All India Democratic Women’s Association (AIDWA) has submitted before the Delhi High Court that when sodomy, sexual assault, murder are not de-criminalised in marriage, there is no reason rape should be.

Karuna Nundy, counsel for petitioners RIT Foundation and AIDWA (intervenor) said through her oral and written submissions before the Hon’ble Delhi High Court, that the fiction of legal marital rape created by Exception 2 of Section 375 of the Indian Penal Code, 1860  has caused millions of women to be legally raped.

Source: LiveLaw



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