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The Law on Marital Rape in India

The law on Marital Rape in India is governed by Sections 375 (Rape), Section 375 read with Section 376 (Punishment for Rape), and Section 375 read with Section 376 and Section 376A (Intercourse by a man with his wife during separation) of the Indian Penal Code. This law was enacted in 1860, and amended several times thereafter from time to time by the Parliament of India and by state legislatures, which have the power to make certain types of state-specific laws and amendments to national laws, which become laws which are applicable only in particular states.

The "Exception" clause in section 375 (Rape) of the Indian Penal Code deals with spousal sexual intercourse with or without the consent of the wife, in case the wife is more than 15 years old. It reads as follows, "Exception.-Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape."

A fragment of Sub-section (1) of Section 376 (Punishment for Rape) deals with rape by a man of his wife who is between 12 and 15 years of age. This sub-section declares, "Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both".

Section 376A of the Indian Penal Code deals with "Intercourse by a man with his wife during separation". It declares, "Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine."

There is a discrepancy between the Hindu Marriage Act, the Special Marriage Act, laws relating to marriage between any religious combination of husband and wife (except marriage between a muslim man and a muslim woman, which is governed by the Muslim Marriage Act, and by judgments of the Supreme Court relating to this subject), and the Sections of the IPC dealing with marital rape. According to all these laws, the minimum age at which a woman can legally be married is 18 years. While the IPC sections dealing with rape, discuss wives as young as 12 years of age. The Prohibition of Child Marriage Act also prohibits marriage of girls younger than 18 years old. — Preceding unsigned comment added by 27.100.14.160 (talk • contribs) 10:20, January 6 2013 (UTC)‎

Reported ratio

I couldn't find a source that would compare the statistics with the ratio of reported cases with those of the US. I have added a source from niticentral regarding the "among lowest". Sankrant Sanu, the author of this article has written articles for multiple news websites. OccultZone (Talk • Contributions • Log) 05:11, 5 March 2015 (UTC)

There's a disclaimer at the bottom of Sankrant Sanu's piece that says :"Opinions expressed in this article are the author's personal opinions. Information, facts or opinions shared by the Author do not reflect the views of Niti Central and Niti Central is not responsible or liable for the same. The Author is responsible for accuracy, completeness, suitability and validity of any information in this article." Just sayin'..... DanS76 (talk) 08:59, 5 March 2015 (UTC)

"1 in 10"? It is attributed to a general secretary of a women association, Sudha Sundararaman. These are neither official or hold any credibility compared to any other related stats. OccultZone (Talk • Contributions • Log) 08:36, 5 March 2015 (UTC)

Already attributed the source to say it's explicitely from an article from WSJ, which is a reputable news publisher. The US stats were from withing the article, but the figures have changed since the article, so I've updated it plus added the source (taken from WSJ). Zhanzhao (talk) 08:46, 5 March 2015 (UTC)

They don't qualify WP:RS, unless there is some scarcity of sources. That is not the case here. OccultZone (Talk • Contributions • Log) 09:06, 5 March 2015 (UTC)

In which case we would have to take away the whole chunk referencing from Sankrant SAnu's article as well, since as DanS76 pointed out, it admits itself to being an opinion piece too, and hence does not qualify as RS. So.... we could leave both in, take both out, or put both to WP:RS and let them decide. I'm just not agreed to taking out base on abuse of the "Opinion" label, since proper attribution has already been made to qualify it. :/ Zhanzhao (talk) 09:36, 5 March 2015 (UTC)

While it is certain that the reported ratio of rape is among lowest in India, there is no proof about "1 in 10", an extraordinary claim. OccultZone (Talk • Contributions • Log) 09:39, 5 March 2015 (UTC)

Actually there is already one section dedicated to the issue of unreported rape.(doh). We could just take that whole para in the lead out rather than have the lead go into grey area by sourcing from opinion pieces. Zhanzhao (talk) 10:04, 5 March 2015 (UTC)

WSJ says in her "field experience". Which means "1 in 10" is a complete guess. Also, please stop deleting academic books like "Deviant Behavior."VictoriaGrayson 16:51, 5 March 2015 (UTC)

You might want to check exactly who's been deleting rather than just randomly throw accusations in the air. Who's the one deleting the source you mentioned, VG? And there has been no concensus reached, so why are my edits being deleted? Zhanzhao (talk) 17:58, 5 March 2015 (UTC)

If you don't understand the difference between academic books and junk articles, then you shouldn't be editing Misplaced Pages.VictoriaGrayson 17:59, 5 March 2015 (UTC)

You are telling us that you had consensus to add this kind of content to the article? Show me the related discussion. OccultZone (Talk • Contributions • Log) 18:01, 5 March 2015 (UTC)

Misuse of sources

Zhanzao, please quote specifically all the sources for the 1 in 10 sentence here on the talk page.VictoriaGrayson 18:11, 5 March 2015 (UTC)

Correct and that something I had also included in my last summary. Also this SPI needs to be resolved. OccultZone (Talk • Contributions • Log) 18:13, 5 March 2015 (UTC)

Actually don't bother. Me and DanS are brothers and live in the same household. At best you might call us "meat socking" since we basically argue about the same stuff of the same router, but I'm the "regular" so to speak, he pops in once a while. Zhanzhao (talk) 18:24, 5 March 2015 (UTC)

Cite error: There are <ref group=Indian Penal Code> tags on this page, but the references will not show without a {{reflist|group=Indian Penal Code}} template (see the help page).

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