top of page
Search

Restitution Of Conjugal Rights As State- Sanctioned Marital Rape


Ramnit Kaur, OP Jindal Global Law School


ABSTRACT


This paper intends to analyse the provision of restitution of conjugal rights, found under Section 9 of the Hindu Marriage Act and Section 22 of the Special Marriage Act. While the provision is presented as a gender-neutral remedy in law, the paper analyses, through judgements and the underlying provisions, how it is a remedy disproportionately utilised against women. Further, the paper uses various judgements on the provision, particularly T. Sareetha v. T. Venkata Subbaiah to connect the remedy of restitution in marriage to a sanctioning of marital rape. While acknowledging that marital rape is per se, legal in the Indian Law, the paper goes on to discuss the constitutionality of this remedy in light of landmark judgements on fundamental rights, and India’s international law obligations.



Comments

Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page