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The Marital Rape Exception (MRE) of the Bharatiya Nyaya Sanhita, 2023, states that sexual intercourse by a man with his wife over eighteen is not classified as rape. This provision is being challenged in the Supreme Court of India as potentially violating constitutional rights, with the Centre filing an affidavit in its support.
The Centre’s affidavit presents familiar arguments supporting the Marital Rape Exception, yet their legal merit is questionable. The judiciary has the authority to evaluate the MRE’s constitutionality and its alignment with fundamental rights, which carries significant implications for society and India’s legal framework.
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