Mohammad Arbaaz

Every day, people engage in different forms of agreements, whether they realize it or not. However, not all of these contracts are legally binding. For example, if a father promises to buy a bicycle if he scores well on a test, he is not legally obligated to honour his promise. Here the Indian Contract Act, 1872 comes into play. The Act was framed by the Third Law Council of India[1] and is based on the principles of English common law, and prescribes the circumstances in which promises are legally enforceable. The law of contract, which forms an integral part of Indian law and has been instrumental in many important decisions related to its complex policies. This special case focuses on legal contracts with minors, defined as persons under the age of eighteen. It highlights the fundamental difference between contracts that apply to adults and contracts that apply to minors, on the basis that minors are incapable of seeking the necessary reasoned deliberation and judgment

mohori-bibee-vs-dharmodas-ghose

Mohori Bibee vs Dharmodas Ghose

Mohd Kaif 

Women

Aleena Saman

Marriage is often viewed as a sacred union, a bond built on love, trust, and mutual respect. However, lurking beneath the veneer of marital bliss lies a dark reality that has long been shrouded in silence and stigma – marital rape. For centuries, societies around the world have turned a blind eye to the sexual violence perpetrated within the confines of marriage, dismissing it as a private matter beyond the reach of the law. But as awareness grows and attitudes shift, there has been a concerted effort to confront and address the scourge of marital rape through legal reforms and landmark court decisions. In this article, we explore the phenomenon of marital rape, examine the legal landscape surrounding it, and analyze key case laws that have shaped the discourse on this critical issue.
Understanding Marital Rape:
Marital rape, also known as spousal rape or partner rape, refers to any sexual activity or penetration that occurs without the explicit consent of one spouse within the context of marriage or a marital-like relationship. It involves the exertion of power and control by one partner over the other, often through physical force, coercion, intimidation, or emotional manipulation. Despite its prevalence, marital rape has historically been trivialized and dismissed, with societal norms and legal frameworks perpetuating the myth that marriage implies automatic consent to sexual activity.
The Legal Landscape:
The legal treatment of marital rape has evolved significantly over time, reflecting changing societal attitudes towards gender, sexuality, and consent. Historically, many legal systems around the world failed to recognize marital rape as a crime, often citing archaic notions of marital unity and conjugal rights. Spousal immunity, a legal doctrine that shielded spouses from being prosecuted for raping their partners, further compounded the problem by denying victims access to justice and perpetuating a culture of impunity.
However, in recent decades, there has been a global movement towards recognizing marital rape as a form of sexual violence and enacting laws to criminalize it. This shift has been driven by advocacy efforts, grassroots movements, and international human rights standards that emphasize the right to bodily autonomy and protection from all forms of violence, regardless of the relationship between the perpetrator and the victim.
Landmark Case Laws:
1. R v R (1991) – United Kingdom: In this seminal case, the House of Lords ruled that the marital rape exemption, which had historically shielded husbands from prosecution for raping their wives, was incompatible with modern notions of consent and human rights. The court held that marriage does not imply irrevocable consent to sexual activity and that the law must afford equal protection to all individuals, regardless of their marital status. This decision paved the way for the criminalization of marital rape in the UK and set a precedent for legal reform in other jurisdictions.
2. State of Maharashtra v. Madhukar Narayan Mardikar (1991) – India:
- In this case, the Supreme Court of India held that sexual intercourse by a man with his wife, who is below the age of fifteen, constitutes rape under the Indian Penal Code, irrespective of the marital relationship between the parties. The court emphasized the need to protect underage married girls from sexual exploitation within marriage and affirmed that consent cannot be presumed solely based on marital status.


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