Justice for Women in India: Legal Challenges and Implications

The article discusses the persistent legal challenges women face in India, particularly around issues of consent, and how existing laws undermine women's rights and justice.

Key Legal Issues

• Marital Rape Exception
  • Indian Penal Code of 1860 and Section 63 of the Bharatiya Nyaya Sanhita exempt non-consensual intercourse within marriage from being classified as rape.
  • This exemption undermines women's consent in marriage, assuming perpetual sexual access.
  • Civil remedies are available under the Protection of Women from Domestic Violence Act, 2005, but criminal redress is lacking.
• Different Marital Ages
  • The Prohibition of Child Marriage Act, 2006 sets different minimum marriage ages: 18 for women and 21 for men.
  • This differentiation lacks scientific basis and perpetuates gender inequality.
• Restitution of Conjugal Rights (RCR)
  • Allows a spouse to compel the other to resume cohabitation, prioritizing marital preservation over personal consent.
  • Women often need to justify withdrawal from marriage, even in cases of emotional or sexual abuse.
• Criminalization of Consensual Underage Relationships
  • Under the POCSO Act, 2012, consent is irrelevant in sexual acts involving minors (under 18 years).
  • Many prosecutions arise from consensual adolescent relationships, restricting autonomy and failing to address true exploitation.
• Marriage Assurance
  • Section 69 of the Bharatiya Nyaya Sanhita, 2023 criminalizes sexual intercourse under the false promise of marriage.
  • This law ties women's consent to marital expectations, often misinterpreting consensual relationships as deception.

Conclusion

The author argues that until the law fully recognizes and respects women's consent as unconditional, justice in India will remain elusive, contradicting the constitutional promises of dignity, equality, and liberty.