The preconceived notion that arises due to the constitutional validity of exception (ii) of section 375 of IPC (marital rape), lays out an important aspect in the cases of divorce in family law. What it does is that it proposes that it is not a wrong at all and therefore there is no cruelty either. Although, marital rape has been accepted as a ground for divorce, it has been recognized under cruelty. This article argues that irrespective of the constitutionality of the said section, there is a need for marital rape to be an exclusive ground for divorce.
Category: Criminal
Ishani Shekhar & Pravah Ranka In a recent happening, a remission policy of the Haryana government mandating premature release of life convicts, came before the Supreme Court in Pyare Lal v. State of Haryana.[i] This policy decision dated 02.08.2019 was passed by the Governor in pursuance of the powers under Article 161 of the Indian […]
By Atreya Chakraborty Since time immemorial, the subject-matter of death penalty has been at the centre of sustained legal discourse and deliberation all over the world. Even though the nature of arguments, both advancing and assailing the retention of such form of punishment, has not undergone a substantial amount of change, a fresh consideration of […]
By Sumedha Tewari Introduction On July 31, 2019, Rajya Sabha passed the The Muslim Women (Protection of Rights on Marriage) Bill, which was later on granted presidential assent on April 1, 2019. With the passage of this bill, giving divorce to a Muslim woman through talaq-e-biddat or instant triple talaq was criminalised, prescribing up to […]
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