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dc.contributor.authorAshutosh Misraen_US
dc.contributor.authorSimon Bronitten_US
dc.date.accessioned2017-06-19T02:33:54Z
dc.date.available2017-06-19T02:33:54Z
dc.date.issued2014en_US
dc.identifier.issn2202-3917en_US
dc.identifier.urihttp://hdl.handle.net/10072/340306
dc.description.abstractThis paper scrutinizes India's outmoded laws governing sexual offences, how they impact on women and how they deny access to justice for members of vulnerable groups in society. The authors posit that public concern over a perceived 'epidemic' of sexual violence ignores the prevalence (and immunities) granted to sexual violence that occurs within the family. The authors argue that the marital rape immunity in the Indian Penal Code (IPC), which is one of the few codes in modern democratic systems that accords males a right to rape wives with impunity, preserving an outdated view of gender relations and female sexuality that denies some women the right to denial based on marital status. The essay's comparative account reveals that Indian criminal law is seriously 'out of step' with legal developments in the UK, Australia and elsewhere. For instance, denying marital immunity to rape of child bride (under 15 years of age) and in cases, where a court has issued a judicial separation offers cold comfort to the majority of women whose husbands may still claim a legal privilege to rape. The development of rape laws in India since the 1980s, the authors conclude shows that reform invariably follows from crisis, such as the 2012 brutal rape of a physiotherapy student in New Delhi. Bronitt and Misra note that crisis-drive reforms tend to highlight the community concerns about leniency of punishment, rather than providing better laws, procedures and tools for investigation and supporting victim. The authors recommend that public debate in India must be shifted away from viewing sexual offences as crimes against public morality, decency or modesty. Instead, sexual offences reform must be viewed through a human rights prism, which is consistent with India's international obligations, seeking to eliminate both gender and sexuality-based violence and discrimination.en_US
dc.description.peerreviewedYesen_US
dc.languageEnglishen_US
dc.publisherGriffith Universityen_US
dc.publisher.urihttp://pandora.nla.gov.au/tep/141524en_US
dc.relation.ispartofpagefrom37en_US
dc.relation.ispartofpageto56en_US
dc.relation.ispartofissue1en_US
dc.relation.ispartofjournalGriffith Asia Quarterlyen_US
dc.relation.ispartofvolume2en_US
dc.titleReforming Sexual Offences in India: Lessons in Human Rights and Comparative Lawen_US
dc.typeJournal articleen_US
gro.description.notepublicGriffith Asia Quarterly was published between 2013 and 2015. An archived version of the original journal website is available via PANDORA - http://pandora.nla.gov.au/tep/141524en_US
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  • Griffith Asia Quarterly
    The journal of the Griffith Asia Institute. Published from 2013 to 2015, it aimed to publish innovative, interdisciplinary research on key contemporary developments in the politics, economics, societies and cultures of Asia.

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