Introduction Under Section 375 IPC[i], Rape has been defined as certain sexual acts when committed on a female, under any of the circumstances mentioned under Section 375 IPC. If you read the section it will be very clear that there … Continue reading Drawing the line between Active and Deliberate Consent and No Consent in cases of Sexual Intercourse on Promise of Marriage
To view the first part of the series, click here. The Correct Position of Law In the previous post, we went through a series of decisions that were allowing compounding in rape cases on the basis of the fact that … Continue reading The Legality of Compounding in Rape Cases – Removing the Confusion (Part II)
“The study of inequality” should be concerned with power at its extremities, in its ultimate destinations, with those points where it becomes capillary.” M. FOUCAULT The existence of marital exemption in today’s laws indicates an acceptance of the archaic power … Continue reading Re-examining the Marital Rape Exemption
In this Bipartite blog series, the author carefully analyses and examines the line of cases allowing and not allowing compounding in cases of rape. The conflicting decisions by various High Courts and Supreme Court itself have brought to the fore … Continue reading The Legality of Compounding in Rape Cases: The Unlawful Compromise (Part I)
While Indian rape laws have been amended several times, most notably after the infamous Tukaram v. State of Maharashtra,[1] and more recently after the Delhi gang-rape in 2012, one particularly contemptible colonial vestige has managed to survive these amendments. This … Continue reading Analysing the Constitutionality of the Marital Rape Exception under IPC
Rape as defined by the Supreme Court in Bodhisattwa Gautam v. Ms. Shubhra Chakraborty[1] is not only a crime against the body of a woman (victim), it is a crime against the entire society. The Apex Court has further observed, … Continue reading Adequacy of Punishment in Rape Cases
