In a new twist to the definition of rape, the Delhi High Court said that if consensual sex occurs between two adults, then there is no wrongdoing even if they are married
Recently, in a noteworthy development, the Kerala High Court, while adjudicating in a child custody battle between a divorced couple, orally remarked that penal provision against rape should be made gender-neutral.
As per Exception 2 to Section 375[1] (“the Exception”), Indian Penal Code, 1860 (“IPC”), any man who indulges in sexual activity with his own wife (the wife not being under eighteen years of age) will not be constituted as an offence of rape.
The catholicity of marriage in various societies and cultures is ascribed to essential social and personal functions such as sexual gratification and regulation in marital life. Division of labour between sexes, economic production and consumption and quenching personal needs for affection, social status and companionship are also some major factors behind the institution of marriage.
The Supreme Court today set aside the bail order of the Jharkhand High Court, granted bail to a man accused of raping a 13-year-old girl and directed him to surrender.