The Supreme Court (SC) of India is currently addressing petitions that challenge the Marital Rape Exception (MRE) under Section 375 of the Indian Penal Code (IPC) and Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. The court, in the Joseph Shine vs. Union of India (2018) case, linked the origin of MRE to the archaic doctrine of coverture.
What is the Doctrine of Coverture?
Origin: A legal concept from English common law, it considers a married woman’s legal identity to be merged with that of her husband.
Impact: Upon marriage, the woman’s independent legal existence is effectively suspended, and her property and rights are transferred to the husband.
Restrictions: It limits a married woman’s ability to own property, enter contracts, or pursue legal action without her husband’s involvement.
Relevance in Current Legal Discussions
MRE Controversy: The doctrine has influenced outdated laws, such as the marital rape exception, which exempts husbands from being prosecuted for raping their wives.
Changing Perspectives: The Supreme Court’s ongoing deliberation reflects India’s evolving legal framework, which seeks to ensure gender equality and protect individual autonomy.
The examination of such archaic doctrines highlights the need for legal reforms to remove discriminatory practices and align laws with modern societal values.
コメント