JUDICIAL CREATIVITY IN INTERPRETING MARITAL RAPE: CRITICAL ANALYSIS THROUGH THE LENS OF FUNDAMENTAL RIGHTS

Author – Gaurika Singh, Student at SLS Pune.

Best Citation – Gaurika Singh, JUDICIAL CREATIVITY IN INTERPRETING MARITAL RAPE: CRITICAL ANALYSIS THROUGH THE LENS OF FUNDAMENTAL RIGHTS, ILE Family & Private Law Review, 1 (1) of 2023, Pg. 07-12, ISBN – 978-81-961120-8-0.

Abstract

This article looks at the various judgments by the different High Courts and Supreme Court on marital rape through the lens of judicial creativity and the protection of Fundamental Rights of women. While the earlier judgments have plainly interpreted the MRE clause to acquit people who have had non-consensual intercourse with their wife, the more recent judgments have recognised that marital rape is an offence and that consent is important in marriage also.

Keywords – Judicial Creativity, Marital Rape, MRE, Fundamental Rights, Judicial Overreach, Article 14, Consent.