THE UNFINISHED STRUGGLE: MARITAL RAPE IN INDIA AND WORKPLACE HARASSMENT BY - PATCHA LAKSHMI SANJANA, SREEVEDA KULKARNI & TUMMALA SRUJANA
AUTHORED BY - PATCHA LAKSHMI SANJANA,
SREEVEDA KULKARNI & TUMMALA
SRUJANA
ABSTRACT:
-
This research
paper will critically examine the legal framework
of governing rape in India by
discussing the various provisions and protections available to women in the
county and how they have evolved
through various case laws. The main focus of this paper will be to analyse
if women in this country are safe at their workplace after all the provisions
offered by the country, and the continuous need to bring various reforms
to the rape laws of the country
like marital rape and how women and society are being affected if it is
not decriminalised. Further, the need for judicial remedy and speedy remedy in
the cases of rape has also been addressed, and the complications that could
arise from it.
Key words: - BNS, Marital
Rape, Workplace Harassment, and Speedy Remedy
RESEARCH
GAP: -
The Limited
Impact of Marital Rape Recognition and Workplace Harassment Laws in Ensuring
Gender Justice: A Socio-Legal Analysis of Implementation Challenges and Judicial Bias in
India.
RESEARCH
QUESTIONS: -
1.
Why has India not Criminalized
Marital Rape despite growing concerns about women’s safety?
2.
Are the existing workplace
guidelines and laws effective in preventing rape and sexual harassment at the workplace?
INTRODUCTION: -
The Law
Commission of India has defined rape as the ‘ultimate violation of the self’.
It is a humiliating event in a woman’s life which leads to fear of
existence and a sense of powerlessness.[1]
Rape is defined
under section 63 of Bharatiya Nyaya
Sanhita[2] as when a man penetrates his penis into the vagina, mouth, urethra or anus of a woman or
any other person or if he inserts any kind of object or any body
part into the women or if he applies his mouth to any private parts of the women.[3] It is also considered to
be an offense if the man forcefully makes the woman do any such act against her
will or consent. For an offense to be considered as rape any of the following
conditions are to be fulfilled:
If the act is
done against her will or if it is done without taking her consent or if she was not able to tell her consent. When the woman is under the age of 18 then consent
does not matter in such a case. Sometimes even if
the woman gives her consent it will still be considered as rape if such a consent is taken under coercion or by
promising the woman that he would marry her afterwards or if consent is taken
when she is unsound or intoxicated or if she does
not know the aftermath of the actions.
Rape, in its many dimensions, interacts with issues like
workplace harassment, child protection, marital rape, and judicial
inefficiency, each contributing to a broader understanding of how this crime
impacts society.
The act of The
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013 (POSH Act)[4]. This act deals with the
law of protecting women against
sexual harassment that takes place in the workplace. The POSH Act applies to
All workplaces with more than 10 employees, Private sector organizations, Hospitals and nursing homes, Sports facilities, and Other
places where employees may go during
the course of their
employment.[5]
This act provides
that every workplace
is to have an Internal
Complaints Committee
(ICC) where women can complain about the sexual harassment that they are
facing. For filing the complaint the procedure that is given under the act is
to be followed. Marital rape is defined as non-consensual sexual intercourse
with one’s spouse[6]. This does not include vaginal
penetration or with women under
18 years of age. Most sexual violence
in India occurs within marriages but it is estimated that only about 10%
of victims report spousal sexual
abuse.[7] Even though it is not
considered as rape the Indian Domestic violence
considers marital rape as a form of domestic violence.
Under the act a woman who is exposed
to marital rape can take this as a ground for judicial separation.
LITERATURE REVIEW: -
1. RAPE AND THE INDIAN PENAL CODE AT THE
CROSSROADS OF THE NEW MILLENNIUM: BETWEEN PATRIARCHIAST AND GENDER NEUTRALIST APPROACH[8]: -
This article
mainly talks about the history of
rape and the punishments that are given at that
time. Then it discusses about the provision of rape. It also talks about the transformation of the mindset of the people towards the crime of rape and
towards the victims of the crime. This
article only deals about the transition that has been taken place in the aspect
of rape.
The present research
paper includes not only the transition but also the recent judgement and where India as a country is standing in the viewpoint of
the world in the case of rape. The paper also includes about the safety aspect
of the country in the context of rape.
This article
mainly deals with the law reformation relating to rape, mainly highlighting the
criticism of the traditional viewpoint of rape and the victims by the people
and a detailed analysis of the reform movements that have taken place. It also
explained the criticism that the reforms have received in the period of the
transition.
In the present
research paper there is a discussion of not only the history but also the aspects
of problems that delay in dealing with the issues will lead to.
This article,
written by Patricia A. Resick, mainly talks about how the judicial system's way
of dealing with problems has changed, and it also focuses on the trauma that
the judicial process creates for the victims
of rape cases. According to the article,
historically, the thought of the after-effects of rape was
not taken into consideration, and they were only treated as providers of
evidence, and now there is a change in this way. A study was also taken into
consideration to prove this.
The above
article mainly deals with the experiences that the victim faces due to the
judicial proceeding. Still, the article did not take into consideration the
situation where there is a delay in providing the decisions
and the consequences of such delay on the victim that is dealt with in this
research paper.
This article
mainly talks about the decisions that are given in cases relating to rape. The
article mainly deals with the judgements and how a judge comes to a decision
in a case, what are the
approaches that he follows to come to a judgement, the complex situations that
are faced by judges in the court
while dealing with cases that are related
to this particular matter. Unlike the article, this research mainly focuses on the court system and not
the judge's aspect. It also includes about the
provisions of each type of rape and also explains what more can be improved in the laws and the procedure to make the
judgement of the cases more transparent. It also mainly talks about the
problems that the victims are facing and how to deal with them.
This article
written by Gail Steketee and Anne H. Austin says that many of the women who have been assaulted do not report
their rape cases and give reasons and study for the same. However, the article
mainly talked about instances where the accused is a known person to the victim
and not in other cases. It also talked about the rape cases impact on an individual. But in this research paper, we
have talked about the impact of rape cases on the victims in general.
This article
was written by Richard J. Gelles, and it talks mainly
about the difference that the law draws
between marital rape and rape. It primarily focuses on the issue of rape having
legal provisions and marital rape not having legal provisions. It also
conducted a survey through an interview of women who were married, which proved
his study. In the research paper, we have also included how marital rape is
dealt with, unlike the article, which only questioned the ineffectiveness of
not having provisions for marital rape and we have also included the new
provisions of the BNS.
7. WHEN RAPE ISN'T RAPE: COURT OF APPEAL SENTENCING PRACTICE IN CASES OF MARITAL AND RELATIONSHIP RAPE[14]: -
This article
is written by Philip N. S. Rumney. This case mainly criticizes
marital rape for not being treated
as a crime and not being given
any importance. This article criticizes marital rape by criticizing the court's cases and the judgements given in cases regarding marital
rape. It mainly challenged the judgement of the Berry case which
emphasised that marital rape is not as severe as that of the rape that is done
by a
stranger. This article
mainly talks about the
punishments that are being provided in each type of rape, but in the analysis of this paper,
we have also included other aspects of the judicial systems apart from
just the difference in punishments in each case.
The article
written by Nidhi Upadhyay talks mainly about the impact of the protests
done by people aggrieved by
the Nirbhaya Gang rape case. It primarily talks about how this protest led to the shift of people's mindset
from societal towards
gender equality, and how there
were reforms because of the movement that has been done. This article
gave a detailed analysis of the study of women's involvement in
the protest and how this brought about changes.
In this research paper we
mainly deal with how the judiciary brought changes in the provisions and what is more to be done.
ANALYSIS: -
Chapter V of
Bharatiya Nyaya Sanhita deals with sexual offences against women and children.
Section 63 of B.N.S.[16] defines what rape is and
when a man is said to commit
rape against a woman. When sexual intercourse is done without the consent of the woman, then it is termed rape, but in case the consent
of the woman is obtained
forcefully or under coercion,
this could also be termed rape. Section 64 of B.N.S[17] further defines the punishment of rape.
The Nirbhaya case brought many changes to the rape laws of the country. The
country had never seen such barbaric gape rape, and the whole country was shaken,
and many protests broke out in the country. This was a landmark case in Indian
history which brought many amendments and changes to the rape laws of the
country.
Further, if we
compare I.P.C. and B.N.S. from the perspective of rape laws, we can see that a
new provision has been introduced in B.N.S., which is section 69[18]. When a man deceives or makes a false promise to marry a woman
and has sexual intercourse with her could be punished with imprisonment of
either description for a term which may extend to ten years and should also be
liable to a fine. But the concept of marital rape still remains unaddressed in the newly introduced BNS.
In times, across regions globally women were seen as
possessions of their fathers until marriage and then as possessions of their
husbands, with a belief that any harm done to them was defacing the husbands or father’s
belongings. When a woman was once married, it was deemed impossible for her
husband to rape her as she belonged
to him now and he would not damage his own property. During the
British rule, in India as well as in other places around the world the doctrine
of coverture was introduced. This resulted in a situation
where women did not have their
identities; instead their identities were tied to those of their husbands.
This was accompanied by the prevailing notion that women needed to be
protected by their husbands or fathers because they were considered incapable
of protecting themselves.
The marital rape exemption was introduced in our judicial
system primarily on account of the ‘impossibility’ of a husband
raping his lawfully
wedded wife.[19] Now in the modern days, rape is considered to be a heinous crime
against women. Section 63 of B.N.S. defines rape as forceful sexual intercourse
without the consent of a woman and which is done against her will. BNS fails to
make provision for marital rape, but there is an exception to it, sexual
intercourse or sexual acts by a man
with his own wife, the wife not being under eighteen years of age, is rape.[20] This particular provision was modified by BNS, as before the age of
sexual intercourse or sexual acts by a man with his wife, who was under the age
of fifteen, was rape. This exception is limited to the age of women under 18
years, and until this exception includes in BNS, criminalisation of marital
rape cannot take place. This exception is made with a violation of
Article 14 as it discriminates against women based on their age and marital status, in the case of Independent Thought v. U.O.I. & ANR[21]., the S.C. held that under
exception 2 of section 375 IPC, a married woman below the age of 15 to 18 years who
is involved in sexual intercourse with her consent, or forcefully against her
consent, then it could be considered as rape. Still, the ambit of this
judgement failed to include the perspective
of marital rape.
In India, it is believed that rape is something that causes harm to the reputation and dignity of a woman. In the 17th century, when
Britishers brought laws addressing rape, it was considered that rape violated
the purity of women, and it was thus believed that after a woman marries, the husband cannot violate
the purity of his wife. This perspective is followed by the belief that
marriage automatically implies consent to sexual
intercourse; this means a
mindset in society that the husband cannot rape his wife.
As a result,
many women are exposed to sexual violence within their marriages. They are also
deprived of laws regarding it, which automatically forces them to silently
withstand the crime without the
option to report the crime. While several legal provisions aim to safeguard women from harassment, there is
an absence of specific laws relating to marital rape. There are indeed laws in
the country to protect women from rape, but the failure to extend these
protections to wives within marriage reveals a troubling reality: women are not
safe in their own households. In the case of Sakshi v. U.O.I.[22], the
issue was raised that when there are provisions related to physical harassment
of the husband, then why are there no provisions relating to sexual harassment
of the husband? This was one of the cases where the criminalisation of marital
rape was demanded. Still, SC, in this case, held that marital rape could not be
included under the provision of rape and no alteration was done to section 375 of I.P.C.
A woman has a right to live with dignity and must have a right
to her own body, i.e.,
the right to privacy. The Supreme Court,
in the case of the State of Maharashtra v. Madhkar Narayan[23], it was observed that every woman has the right to sexual
privacy, and no one is allowed to infringe on it. Hence, any form of forced
sexual behaviour is considered to be a violation of an individual's right to privacy.
In Bhodhisathwa Gautam v. Subhra Chakraborty[24], it was observed by the supreme
court that rape is a crime
against fundamental human rights and is also violative of the victim's most
cherished the fundamental right. By referring to this judgement, we can say
rape violates women's fundamental rights as well as human rights, but as marital
rape is not recognized married women when raped by her husband is deprived
of all this basic right
which a woman is given.
If marital rape is criminalised, the main problem that
can occur is harassment against men. Women can make false allegations of rape
against their husbands, and if done so, the husbands, in most cases, cannot
defend themselves effectively. While criminalising marital rape, protection and
rights are given to women, which could be misused by them in some cases to
target or harass men.
Although the issue of marital rape though not criminalised and addressed in BNS, the recent
judgement of the Gujrat HC held a favourable verdict in favour of criminalising marital rape. Justice
Divyesh Joshi, in the case of Anjanaben W/O Bhavinbhai ... vs State
Of Gujarat, held A man is a man; an act is an act;
rape is a rape, be it performed by a man, the "husband" on the woman's "wife."[25] this particular judgement was given by considering the status of marital
rape in other countries. Marital rape is illegal in 50 American States,
three Australian States, New Zealand, Canada and several
European countries like France, Sweden and Denmark.[26]
Sexual harassment at the workplace refers to any
unwelcome behaviour of a sexual nature that creates an intimidating, hostile or
offensive work environment[27]. The
effectiveness of existing workplace guidelines and laws preventing rape and
sexual harassment is a complex issue that depends on various factors,
like workplace culture,
underreporting as many women
fear to report, Limited support systems, Ineffective internal mechanisms, Lack
of awareness and training, and how well these laws are enforced to comply with
the provisions.
The Preamble of the Indian Constitution provides
"Equality of status and opportunity" to all the citizens of India,
where it is guaranteed under Article 14 as a Fundamental right. Therefore, a
safe workplace for women is a legal right. Articles 14,15 and 21, in the Indian
Constitution, guarantee treatment under the law and freedom from discrimination
based on factors like gender and social background to safeguard liberties and
rights without infringement or harm to women's dignity. Sexual harassment and
rape, in the workplace gained attention following
the Bhanwar Devi incident in 1992 when Bhanwar Devi—a rural development worker, for development—was actively
promoting hygiene awareness and educating against child marriages. As a part of
her employment, she helps a young girl who was forced to marry by her parents. In this case, influenced political
people were involved,
so she could not stop the
marriage. In order to take revenge for the rally conducted, she was gang raped
by five men in Rajasthan. The High Court of Rajasthan
convicted the five men of assault and gave a punishment which is much lesser than the crime
of rape. Following events numerous accusations and a string of demonstrations and gatherings advocating for the safety for women took place.
Consequently, the Vishaka Guidelines were established in relation to the case
Vishaka and Ors V. The State of Rajasthan[28]. In
1997, the Supreme Court of India implemented the Vishaka Guidelines marking a
milestone as it acknowledged workplace harassment as a breach of women's
fundamental rights, for the first time. The key Guidelines given by the Supreme Court
are:-
1.
The definition of
sexual harassment includes
an unwelcome physical,
verbal abuse, or non-verbal conduct of a sexual nature.
2.
Complaint Mechanism
to establish a complaint committee for redressal of grievances.
3.
Composition of
Complaint and Complaint Procedure.
4.
An employer's responsibility where employers
must prevent and address sexual harassment,
ensuring a safe environment for working.
5.
Protection of Victims, Awareness and Training.
6.
Disciplinary Action
includes penalties, suspension, termination, etc.
7.
Appellate Authority-
like a higher authority to review committee decisions.
These Guidelines aim to create a safe and respectful workplace for women, encouraging them to participate in many aspects they wish to do.
In 1988, there was a case, Rupan Deol Bajaj V.
K.P.S.Gill,[29] also known as the butt-slapping
case, where a senior police officer was accused of sexually harassing a female
officer in the workplace. Mr Gill was convicted under section 354 of I.P.C. for assault or criminal force on
a woman with intent to outrage her modesty. The final decision came in 2005
when the Supreme Court of India followed a Special Leave Petition, which
ultimately reduced K.P.S.Gill's punishment to probation. So, this case
highlights the leniency of the judicial system towards the elite members of
society, which violates Article 14 of the Indian Constitution's Right to
Equality.
In the Infosys employee case[30],
Pratibha Srikanth was a 24-year-old software engineer working at the Infosys
company in Bangalore. She was employed as a night-shift employee. On 13 December 2005, Prathiba was raped and murdered
by the cab driver who was supposed to drop her home after a night shift.
In October 2010,
the Banglore Fast-Track court found the cab driver guilty of rape and murder; he was
sentenced to death for the heinous crime. So, this Infosys rape and murder case
became a landmark discussion about women's safety in India's growing IT sector.
So many companies introduced more stringent security protocols like:-
1.
Better screening
processes for cab drivers.
2.
Ensuring that women
are not left alone with male drivers during late-night shifts.
3.
Regularly checking
GPS systems in cabs and tracking their movements.
The Vishaka Guidelines, established by the Supreme Court,
marked a pivotal moment for workplace responsibility and accountability in
India. These guidelines clarified that institutions should safeguard women's
fundamental rights to equality and dignity in the workplace. To achieve this,
the court ensured and emphasised three key responsibilities that must be upheld
in the workplace:-
1.
Prohibition:-
Ensuring that sexual harassment is strictly prohibited in any form.
2.
Prevention:- Taking
proactive steps to prevent harassment from occurring.
3.
Redress:- Providing a fair and effective system for addressing complaints.
So, in 2013, these principles were codified into law as
the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act[31]. By
providing a civil remedy, the Act ensures a more flexible and accessible path
for women to seek justice and ensure women's right to a safe and equal work
environment. To address these issues, the act mandated that all organisations
should have an Internal Complaints Committee.
According to the Economic Survey of 2019-2020, only 2% of
women in India report workplace harassment. So, accordingly the study indicates
that a significant percentage of sexual harassment cases go underreported due
to fear, stigma, lack of trust, and trauma etc.
In this case, Medha Kotwal Lele & Ors vs U.O.I. &
Ors[32] it
emphasized the problem of sexual harassment due to systemic failures in
implemting the Vishaka Guidelines, it also highlighted non-compliance by institutions in setting up mandatory complaint
committees and mechanisms. The Supreme court directed strict
adherence to the Vishaka Guidelines across the workplaces, accountable for
ensuring a safe environment for women. The Court further urged periodic
monitoring of compliance and emphasized that non-compliance was a
violation of Articles 14, 15, and 21 of the Indian Constitution.
In the Tehelka case[33] in
2013, Tarun Tejpal, the chief editor of Tehelka, an investigative journalism
magazine in India, where he was accused of sexually assaulting a junior colleague, a female journalist. The victim
initially reported this incident to Tehelka's Managing Director. In response,
Tejpal said he was framed and described the incident as a 'lapse of judgement.'
The Goa police filed a FIR on Tejpal. The judgement came after eight years; in
May 2021, a Goa session’s court acquitted Tejpal of all the charges committed.
Recently, in The Kolkata Doctor case or the R.G. Kar Medical
College case[34], a young female doctor was allegedly raped and
murdered at her workplace in the Hospital
during a marathon 36-hour shift at night. This incident led to massive
protests by doctors,
demanding justice and improved security for medical
professionals. So, this case has raised serious concerns about workplace safety
after the implementation of many Laws by the government of India. These
laws were intended to expedite justice for victims of sexual violence by special fast-tracking courts. However, the
delayed investigations, a judicial backlog,
and procedural inefficiencies often result in late
judgements. This statement as legally phrased ‘Justice
delayed is justice denied’ is much relevant in the present case, since the laws
in India are sufficient for the protection of women, but they are not applied
adequately. Compared to countries like the United
Arab Emirates (the UAE), the issue of harassment and physical abuse at work is
tackled by implementing penalties; the UAE Federal Decree Law No 10 of 2019
enforces stricter penalties, for sexual crimes.
In the United States of America, the Equal
Employment Opportunity Commission is
responsible for enforcing laws that ban harassment in the
workplace specifically addressing harassment which is legally actionable, under
Title VII of the Civil Rights Act passed in 1964.
In 2018 Saudi Arabia passed its Anti-Harassment Law, in
which sexual harassment in public or private workplaces, the law will
impose fines and upto 5 years of imprisonment.
Some countries like Saudi Arabia, UAE, and Iran have
provisions for Capital Punishment under Sharia Law. Capital Punishment means
Death Penalty for heinous crimes such as rape
leading to death, child sexual abuse and rape, etc.
The
consequences of sexual harassment faced by the victims are:-
?
emotional impact,
where the victims may go to depression, stress or any trauma;
?
professional impact;
?
legal consequences
like financial penalties and reputation damage.
SUGGESTIONS:
-
?
There should be training
and awareness that is to be given
to men and not restricting a girl child on how to be in the society. Men are to be trained
and aware how to behave to a girl in public.
?
To increase the
safety of women in the society there should be an instalment of surveillance
cameras and there should be an increase
in patrolling at night time that is to be done so that women can feel safe
on the roads.
?
In society, people
say that women are to be physically strong to be able to tackle such situations but instead women are to
be taught to be mentally strong to report such assaults.
?
Special hospitals are
to be constructed to treat the victims who are facing trauma because of the
incident. They are also to be given psychological support so that they can cope
with the situation.
SUGGESTIONS:
1.
Education and Awareness Campaigns: Instead of targeting
just the women, it would be more
productive if we educate and conduct
campaigns targeting both men and women of all age groups, teaching them to be
strong if an offence of rape occurs
and, further, not to be afraid to report it. Further, the people must also be made aware of the safeguards and protections
provided by the country and also be made aware about the supportive helplines
and networks. Awareness should also be spread to people on how to avail these
protections.
2.
Public Safety Measures: To enhance the safety
of women the local government implemented the following measures.
?
Increased Surveillance: By installing security cameras
in deserted places
and uncrowded places like streets, parks, and parking zones etc., which
provides evidence for the criminal acts done.
?
Night-time Patrolling: By increasing the patrolling by the
police at night it can provide a secure feeling to the public at large.
?
Emergency Response Apps: The government should provide more
mobile applications. This can include applications like providing signal or alarm when
the victim is not able to inform anyone.
3.
Specialized Hospitals and Recovery Centers: The victims of rape
need a special assistance to be treated and this is to be done by specialized
and well trained staff so that they can cope up with the trauma and
recover as soon as possible. The government should provide with facilities such
as:-
?
Dedicated Trauma
Centers
?
Psychological Rehabilitation
THE CONCLUSION: -
Sexual violence, especially, rape, is one of the serious
form of human right violation and dehumanization which reveals gender
inequalities as well as the vices of any society. Even various improvements
like the Criminal Law (Amendment) Act of 2013, Sexual Harassment
of Women at Workplace (POSH) Act, and Protection of Children from Sexual
Offences (POCSO) Act was enacted, the enforcement of laws has several major
drawbacks. The continued lack of criminalization of marital rape, weak
compliance with laws against workplace harassment, and bureaucratic judicial
system slow down the momentum to deal with sexual violence.
To this effect, rape and other varieties of sexual violence
are still recurrent
cases implying the necessity of extended changes. On the
whole, the legal provisions are less liberal while having significant loopholes in reported marital rape case and
uneven enforcement of the workplace harassment. Such laws are also weak and not implemented to the latter,
and lack of reporting, repression, and shame keeps
the victims silent.
India must also
reduce judicial inefficiency as well as the long time that the justice system
takes to conclude cases and this dents the confidence of the public as well as the victims.
Although, there
are speedy trial mechanisms in operation, the existing mammoth backlog means
that survivors suffer unnecessarily for years and offenders are never deterred. The SC, while
adopting the best practices to eliminate sexual violence against women, can
look as a model countries that have criminalized marital rape and instituted
effective work place harassment laws. Therefore, there are crucial efforts
which need to be taken along with the legal changes to ensure that the
psychological feeling of safety in cases of sexual
violence is produced and that
the problem is not reframed as punishable and shameful but as a violation
of the law. It is high time India seeks to build an institutional culture where
those in power guarantee not only justice but justice delivered on time and
justice that matters.
The Nirbhaya
protests showed that the public is capable of standing together and call for
something and that is change. But the struggle for a society where rape is
unheard of is still very alive. It has called for consistent multi sectoral and multi stakeholder commitment from the
judiciary, the legislative, the police, civil society, and the public. This
research beckons constant review and change of laws and policies so that sexual
violence is condemned in every society, and those affected have the strength
and legal encouragement to seek justice. India needs to respect women’s rights
to ensure equality as a goal to implement the rights of women, which would ultimately lead to
a society free from fear and ill-treatment.
[1] Law Commission of India
84th Report on Rape and allied offenses-some questions of substantive law,
procedure and evidence (1980)
[2] Bharatiya Nyaya (second)
Sanhita Bill § 63, No.1, Acts of parliament,2024.
[3] Bharatiya Nyaya (second)
Sanhita Bill § 63, No.1, Acts of parliament,2024.
[4] the sexual harassment of
women at workplace (prevention, prohibition and redressal) act, no.14 acts of parliament,2013
[5] the sexual harassment of women at workplace (prevention,
prohibition and redressal) act,§2(o)no.14 acts of parliament,2013
[6] Randall M, Venkatesh V. The Right to No: The Crime of
Marital Rape, Women’s Human Rights, and International Law. Brooklyn J Int Law
[Internet]. 2015. Jan 1 [cited 2022 Feb 18];41(1).
[7] Raj A, McDougal L. Sexual
violence and rape in India. Lancet [Internet]. 2014;383(9920):865.
[8] Vibhute, K. I. “‘RAPE’ AND THE INDIAN PENAL CODE AT
THE CROSSROADS OF THE NEW MILLENNIUM: BETWEEN PATRIARCHIAST AND GENDER NEUTRALIST
APPROACH.” Journal of the
Indian Law Institute, vol. 43, no. 1, 2001, pp. 25–44.
JSTOR, http://www.jstor.org/stable/43951752.
Accessed
16 Sept. 2024.
[9] Spohn, Cassia C. “THE RAPE REFORM MOVEMENT: THE TRADITIONAL
COMMON LAW AND RAPE LAW REFORMS.” Jurimetrics, vol. 39, no. 2, 1999, pp. 119–30.
JSTOR,
http://www.jstor.org/stable/29762593.
Accessed 16 Sept. 2024.
[10] RESICK, PATRICIA A. “THE TRAUMA OF RAPE AND THE CRIMINAL
JUSTICE SYSTEM.” The
Justice System Journal, vol. 9, no. 1, 1984, pp. 52–61.
JSTOR, http://www.jstor.org/stable/20877729.
Accessed
16 Sept. 2024.
[11] Kumari, Ved, and Ravinder Barn. “SENTENCING IN RAPE CASES:
A CRITICAL APPRAISAL OF
JUDICIAL DECISIONS IN INDIA.” Journal of the Indian Law
Institute, vol. 59, no. 1, 2017, pp. 1–25. JSTOR, https://www.jstor.org/stable/26826588.
Accessed 16 Sept. 2024.
[12] Steketee, Gail, and Anne H. Austin. “Rape Victims and
the Justice System: Utilization and Impact.” Social Service Review, vol. 63, no.
2, 1989, pp. 285–303. JSTOR, http://www.jstor.org/stable/30012020.
Accessed 16
Sept. 2024.
[13] Gelles, Richard J. “Power, Sex, and
Violence: The Case of Marital Rape.” The Family Coordinator, vol. 26, no. 4,
1977, pp. 339–47. JSTOR, https://doi.org/10.2307/581754. Accessed 16 Sept.
2024.
[14] Rumney, Philip N. S. “When Rape Isn’t Rape: Court of Appeal
Sentencing Practice in Cases of Marital and Relationship Rape.” Oxford Journal
of Legal Studies, vol. 19, no. 2, 1999, pp. 243–69. JSTOR, http://www.jstor.org/stable/20468269.
Accessed 16 Sept. 2024.
[15] Upadhyay, Nidhi. “THE IMPACT OF NIRBHAYA PROTEST ON
THE CONTEMPORARY INDIAN
WOMEN’S MOVEMENT.” The Indian Journal of Political Science,
vol. 76, no. 4, 2015, pp. 885–88. JSTOR, https://www.jstor.org/stable/26575622.
Accessed 16 Sept. 2024.
[16] Bharatiya Nyaya Sanhita, § 63, No. 45, Acts of Parliament,2023
[17] Bharatiya Nyaya Sanhita, § 64, No. 45, Acts of Parliament,2023
[18] Bharatiya Nyaya Sanhita, § 69, No.
45, Acts of Parliament,2023
[19] 9 Saptarshi Mandal, “The Impossibility
of Marital Rape: Contestations Around Marriage, Sex, Violence and the Law in
Contemporary India” 29(81) Australian Feminist Studies 255 (2014).
[20] Bharatiya Nyaya Sanhita, § 63, No.
45, Acts of Parliament,2023
[21] Independent Thought v. U.O.I. & ANR, AIR 2017 SUPREME
COURT 4904.
[22] Sakshi v. U.O.I 1999, AIR SCW 4827.
[23] State of Maharashtra v. Madhkar Narayan, AIR 1991 SC 207.
[24] Bhodhisathwa Gautam v. Subhra Chakraborty 1996, AIR 992.
[25] 2023 SCC OnLine Guj 4507
[26] HT Correspondent. "Marital Rape Grave Offence, Illegal
in Many Countries: Gujarat High Court." Hindustan Times, 18 Dec. 2023.
https://www.hindustantimes.com/india-news/marital-rape-grave-offence-illegal-in-many-countries-gujarat-high-
court-101702912826753.html
[27] York, Kenneth M. “Defining Sexual Harassment in
Workplaces: A Policy-Capturing Approach.” The Academy of Management Journal, vol.
32, no. 4, 1989, pp. 830–50. JSTOR, https://doi.org/10.2307/256570.
Accessed 16 Sept. 2024.
[28] Vishaka and Ors V, The State of Rajasthan
AIR 1997 SUPREME COURT 3011
[29] Rupan Deol Bajaj V. K.P.S.Gill,1996 AIR 309.
[30] HT Correspondent. "Pratibha Case:
Driver Held Guilty." Hindustan Times, 6 Oct. 2010.
https://doi.org/Saturday, Dec 14, 2024
[31] the sexual harassment of women at workplace
(prevention, prohibition and redressal) act, no.14 acts of parliament, 2013
[32] Medha Kotwal Lele & Ors vs U.O.I. & Ors AIRONLINE
2012 SC 632
[33] Shivangi Prasad. "Tarun Tejpal Judgement: Reflection
on Judicial Decisions in Sexual Assault Cases against Women and Way
Forward." POSH at Work (Empanelled by Ministry of Women & Child
Development.
Government of INDIA), 18 Oct. 2021,
poshatwork.com/tarun-tejpal-judgement-reflection-judicial-decisions-sexual-assault-cases-against-women-way-f
orward/. Accessed 14 Dec. 2024.=
[34] "Kolkata Doctor Rape-murder Case: RG Kar, the Campus
Was Victim's 'second Home'." THE ECONOMIC TIMES, no. Kolkata Doctor Rape
case, 2024, https://doi.org/20-08-2024. Accessed 15 Sept. 2024.