Why are countries criminalizing marital rape?

In a groundbreaking 2022 Karnataka decision, Justice M. Nagaprasanna declared the marital rape exception unconstitutional. We break down India's complex legal stance on marital rape, where Section 63 of the Bharatiya Nyaya Sanhita still doesn't recognize it as a criminal offense. While many countries worldwide have criminalized marital rape, India's legal system continues to grapple with balancing traditional marriage values against individual rights.

From constitutional guarantees to recent court verdicts, we explore the arguments for and against criminalization. The Delhi High Court's split verdict, the Justice Verma Committee's recommendations, and the Supreme Court's ongoing hearings point to a shifting legal landscape. Can marriage override the right to consent? Should India join other democracies in criminalizing marital rape? Watch to understand this crucial debate shaping India's legal future.
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Time stamps :
00:00 - 2:16 - What is marital rape?
2:16 - 4:57 - Is marital rape criminal?
4:57 - 8:33 - Two sides of the debate.
8:33 - 12:01 - Marriage is about equality, so should be law.

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About Sajan Poovayya:

Mr Sajan Poovayya is a Senior Advocate, Supreme Court of India. He has also served as the Additional Advocate General for the state of Karnataka in 2012-13. As the top tech lawyer in India, Mr Poovayya has appeared in various matters across the country representing top tech companies and new age businesses. As a free speech enthusiast he has consistently advocated for individual privacy and citizen autonomy. Mr Poovayya, also runs various campaigns to promote legal awareness and legal literacy in India through information dissemination campaigns.

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About Law Decoded with SP:

Law Decoded aims to democratize legal understanding by translating complex concepts into accessible language. We foster dialogue among professionals and curious citizens, driving forward-thinking discussions on jurisprudence and policy. Our platform offers incisive analysis, challenges norms, and confronts intricate legal issues. Recognizing a gap in quality digital legal content, we lead online legal discourse. We embody intellectual acuity and a passion for robust debate. Through social media, we engage audiences and catalyze insights about law's societal impact. Our mission is to lead conversations, offer fresh perspectives, and encourage critical thinking about legal matters, to build a more legally literate society.