The Impossibility of Marital Rape

  title={The Impossibility of Marital Rape},
  author={Saptarshi Mandal},
  journal={Australian Feminist Studies},
  pages={255 - 272}
Abstract India is one of the few countries in the world that continues to exempt husbands from being charged with rape committed against their wives. This article describes a brief period of contestation between feminists and the state in India, when this exceptional treatment of marriage was challenged and it was demanded that the husband's legal immunity be ended. Unpacking the responses of the state for retaining the immunity, this article shows how the idea of marital rape as an… 
A Study on Constitutional Validity of Marital Rape in India with Special Reference to Sec 375
Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent. Marital rape could be by the use of
Marital rape immunity in India: historical anomaly or cultural defence?
This paper will examine the legal position India holds today with respect to marital rape. It will first study how India’s criminal law has been shaped over the years: starting with its colonial
Perpetuating myths of women as false complainants in rape cases in India: culture V. The law
ABSTRACT Despite public outrage over our global “rape culture,” sexual offences continue to be characterised by low levels of reporting, prosecution, and conviction in many countries. Attrition rates
The Dark Shadow of Marital Rape: Need to Change the Narrative
Marriage is an anthropological, cultural, and legal institution, that establishes socially sanctioned rights and obligations between individuals. In many cultures, marriage forms the basis for
Consent, Conjugality and Crime: Hegemonic Constructions of Rape Laws in India
  • A. Garg
  • Law, Sociology
    Social & Legal Studies
  • 2018
‘Promise to marry cases’ are those in which a victim is deceived into having sex with the defendant, based on a dishonest promise of marriage. Rape laws in India are designed to punish such
Rape in the Nordic Countries
appreciate the challenges in assuming a ‘Nordic exceptionalism’ when it comes to rape and sexual violence. The chapters in this book demonstrate the continuities and differences within Nordic
Ritualistic Rape in Sociological Perspective
The current article examines rape as a form of sexual violence, drawing upon comparative research to describe and then proffer a tentative explanation of one specific type, referred to as ritualistic
Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court
The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The
The Responses of Health Systems to Marital Sexual Violence – A Perspective from Southern India
The study reveals several systemic and internal factors that hinder responsiveness of Indian health institutions, and suggests the Indian health system can be made more responsive, provided these factors are addressed, and crucially budgets are allocated for interventions.
‘I Am Talking About It Because I Want to Stop It’: Child Sexual Abuse and Sexual Violence Against Women in British South Asian Communities
This article explores the role of socio-cultural factors in violence against women and girls, focusing on child sexual abuse (CSA) and sexual violence (SV) in British South Asian communities. Using


When Rape Isn't Rape: Court of Appeal Sentencing Practice in Cases of Marital and Relationship Rape
This article focuses on Court of Appeal sentencing practice in cases of marital and relationship rape. In particular, it examines the sentencing principle set out in the case of Berry in which it was
Playing Off Courts: The Negotiation of Divorce and Violence in Plural Legal Settings in Kolkata
Abstract The Indian State’s management of divorce and domestic violence, driven by disparate forces such as colonial and post-colonial discourses of equity and modernity and demands refracted through
Marital Immunity, Intimate Relationships, and Improper Inferences: A New Law on Sexual Offenses by Intimates
Today, to one degree or another, marital immunity for sexual offenses persists in over half the states. Underlying the marital rape immunity has been the assumption that when a woman enters into a
From the International to the Local in Feminist Legal Responses to Rape, Prostitution/Sex Work and Sex Trafficking: Four Studies in Contemporary Governance Feminism
This Article is the result of an intense series of text and telephone exchanges among the four of us, taking place from December 2005 to April 2006. Each of us has her own project which forms the
The Criminal Law Amendment Act, 1885
This is the first reported conviction at the Central Criminal Court, or, perhaps, anywhere, for the unlawful carnal knowledge of an imbecile woman, and is to be considered by the judges in the Court for Criminal Cases Reserved.
Toward a Feminist Theory of the State
Preface Part One: Feminism and Marxism 1. The Problem of Marxism and Feminism 2. A Feminist Critique of Marx and Engels 3. A Marxist Critique of Feminism 4. Attempts at Synthesis Part Two: Method 5.
Report of the Committee on Amendments to Criminal Law
"Dear Prime Minister, This Committee was constituted by GOI Notification No. SA (3003)E, dated December 23, 2012 to look into possible amendments of the Criminal Law to provide for quicker trial and
Dangerous Sex, Invisible Labor: Sex Work and the Law in India
Acknowledgments ix Abbreviations xii Part One Theorizing Sex Work One Dangerous Sex, Invisible Labor: An Introduction 3 Two Revisiting the Material: Recasting the Sex Work Debates 24 Three Theorizing
Subversive Sites: Feminist Engagements with Law in India
Introduction Feminist Legal Revisions Women, Law and Social Change Women, Legal Regulation and Familial Ideology Constitutional Challenges and Contesting Discourses Equality and Family Women, the
Separated and Divorced Women in India: Economic Rights and Entitlements
Foreword Prabha Sridevan - Prabha Sridevan Introduction Main Findings General Information about the Surveyees Work Status and Earning Capacity Family Status and Lifestyle Spousal and Child Support