UPSC-Relevant News Items

1. Marital Rape Exception in Criminal Law Must Go, Argues Tharoor- Editorial analysis

Page: 8

Summary:

• • The marital rape exception, now in Section 63 of the Bharatiya Nyaya Sanhita (BNS) 2023, allows husbands impunity for non-consensual sexual acts with wives aged 18+. This provision historically derived from Section 375 of the IPC.
• • Shashi Tharoor advocates its abolition, stating it's a colonial relic violating women's constitutional rights to dignity, equality, and bodily autonomy.
• • This exception contradicts principles of gender justice and human rights, despite NFHS-5 data showing widespread spousal sexual violence.
• • The debate intensified following the 2022 Delhi High Court split verdict regarding its constitutionality.
• • Opponents to abolition argue that criminalizing marital rape could destabilize the institution of marriage and lead to misuse of the law.

Additional Facts:

• • The government, through parliamentary legislation, regulates criminal offenses, with the Bharatiya Nyaya Sanhita (BNS) 2023 currently codifying the marital rape exception under Section 63, defining legal parameters for sexual acts within marriage.

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