: Sex in marriage: In libertarian societies, forcing anyone into sex is wrong, no matter why #IndiaNEWS Nothing depicts the mess that sex in India is where consent is concerned better than India’s

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Sex in marriage: In libertarian societies, forcing anyone into sex is wrong, no matter why #IndiaNEWS
Nothing depicts the mess that sex in India is where consent is concerned better than India’s current status on marital rape and spousal sex. India’s legal system largely models sex within marriage as a right, not choice.Since marriage in India is perceived as a sacred union, marital rape cannot be brought within the purview of the law on rape.As Flavia Agnes summarises in one of her articles on this matter, “Hindu marriages ceased to be sacramental more than half a century ago and Muslim marriages were always contractual in nature.� However, the bigger problem with the two current legal provisions that grant men impunity on rape and forced sex within a marriage – exemption granted to husbands under Section 375 of IPC (exception 2: sexual intercourse or sexual acts committed by a man with his wife, wife not being under 15 years of age, is not rape) and the provision to restitute conjugal rights – is not only that it legalises abuse under certain situations (within a marriage) but also that it reinforces “consent� of the woman to be immaterial for sexual intercourse as long as it is her husband who is forcing himself on her. Let’s take the lesser-known “restitution of conjugal rights�...Read more

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