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BETWEEN LAW AND SILENCE: MARITAL RAPE IN INDIA

300.00 Original price was: ₹300.00.240.00Current price is: ₹240.00.

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MS. EKTA CHANDRAKAR, MS. SARITA GUPTA

978-93-5857-542-2

109

6.5x9

Paperback

Nitya Publications

First

-20%

BETWEEN LAW AND SILENCE: MARITAL RAPE IN INDIA

300.00 Original price was: ₹300.00.240.00Current price is: ₹240.00.

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Description

This book by Ms. Ekta Chandrakar, Assistant Professor of Law, Kalinga University, Chhattisgarh and Ms. Sarita Gupta, B. Com LLB, LLM (Constitutional & Administrative Law, and, Cyber Law) examines the intricate legal and constitutional aspects of marital rape in India, paying special attention to the Indian Constitution’s guarantee of bodily autonomy. Indian criminal law still maintains the marital rape exception under Section 375 of the Indian Penal Code and its revised counterpart in the Bharatiya Nyaya Sanhita, 2023, despite the increasing international acknowledgment of women’s rights. Due to this exemption, married women are not afforded equal legal protection and their fundamental rights under Articles 14, 15, and 21 of the Constitution are violated, hence legalizing non-consensual sex within marriage. This book analyses international human rights norms, historic court rulings, and constitutional law. A comparative study of the legislative changes in nations that have acknowledged and made marital rape a crime, such as the US and the UK, is also included. The book concludes that in addition to being unlawful, the marital rape exemption is a holdover from colonial patriarchal traditions that still threaten female equality. The book also urges the abolition of the exception and the punishment of marital rape, criticizing the parliamentary passivity in the face of progressive judicial rulings. To guarantee justice and dignity for all women, regardless of marital status, the book’s conclusion highlights the necessity of revolutionary legal reforms, strong survivor support systems, and social transformation.