Sunday, November 06, 2005

Dirt on the IPC #2: Section 375: Sexual Offences

First of all, it is no big surprise that only a man can commit rape, (not going into the disclosure debate) the important thing to note, something pretty shocking, is that according to the Indian Penal code Marital rape does not exist.

There is an exception clause, after rape is defined, which reads, Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Apparently, Marriage, implies a consent for intercourse.

What is rally shocking is the fact that the code recognizes under 15 wives, is not really shocking. Have to look up the child marriage bit, but it might not even come under the penal code.

Plus, there is a clause (the fifth), which states that an Idiot or a drunken female, who does not resist intercourse, the intercourse still amounts to rape. They probably do not know that an idiot is someone who does not vote. This means that if you don't have a voting card, and you are female, you are not in a position to give your consent, and that every time you have sex, you have been raped in the eyes of the law.

There is also a breach of promise, which amounts to rape. Like telling someone you'll marry her, or even promising a prostitute for a sum of money and not paying that much is rape. This I think, is a pretty decent step. The rape laws are framed so that they protect even the, to use their words, "unchaste women."

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