Marital rape is a form of sexual violence that occurs within the context of marriage or intimate partnerships. It involves non-consensual sexual acts that are forced upon a spouse or partner without their consent or against their will. Marital rape is a violation of human rights and can have serious physical, emotional, and psychological consequences for victims.

It is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized.

The issues of sexual and domestic violence within marriage and the family unit, and more specifically, the issue of violence against women, have come to growing international attention from the second half of the 20th century. Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that sexual intercourse in marriage without consent is illegal.

Marital rape is more widely experienced by women, though not exclusively. Marital rape is often a chronic form of violence for the victim which takes place within abusive relations. It exists in a complex web of state governments, cultural practices, and societal ideologies which combine to influence each distinct instance and situation in varying ways.

The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to traditional views of marriage, interpretations of religious doctrines, ideas about male and female sexuality, and to cultural expectations of subordination of a wife to her husband—views which continue to be common in many parts of the world. These views of marriage and sexuality started to be challenged in most Western countries from the 1960s and 70s especially by second-wave feminism, leading to an acknowledgment of the woman's right to self-determination of all matters relating to her body, and the withdrawal of the exemption or defense of marital rape.

In India, marital rape has long been a contentious issue due to cultural and societal norms that prioritize the preservation of marriage and the family over the rights and autonomy of individual women. Until recently, marital rape was not considered a criminal offense in India, as the law did not recognize non-consensual sexual acts within marriage as a form of rape. However, in 2017, the Indian Supreme Court recognized that sexual intercourse with a minor wife (i.e. a girl under the age of 18) is considered rape, even if the couple is married. This was a significant step forward in acknowledging the rights of women and girls to bodily autonomy and protection from sexual violence.

Despite this ruling, marital rape remains a highly underreported and largely unrecognized form of violence in India. Many women are hesitant to report incidents of marital rape due to social stigma, fear of retaliation from their partners or families, and the belief that it is a private matter that should not be brought to public attention. Additionally, there is a lack of legal and institutional support for victims of marital rape, which can further discourage women from seeking help or justice.

Marital rape has serious consequences for victims, both physically and emotionally. Victims of marital rape are at risk of physical injury, unwanted pregnancies, sexually transmitted infections, and other health problems. They may also experience psychological trauma, such as depression, anxiety, and post-traumatic stress disorder (PTSD). Marital rape can also impact the victim's ability to trust their partner, their sense of self-worth and agency, and their overall quality of life.

The factors contributing to marital rape in India are complex and varied. Societal and cultural norms that prioritize male dominance and control over women's bodies and sexuality can create an environment that condones and perpetuates sexual violence within marriage. Other factors, such as poverty, lack of education, and gender inequality, can also contribute to the prevalence of marital rape.

Efforts to address marital rape in India have been met with numerous challenges and obstacles. Some people argue that criminalizing marital rape would undermine the institution of marriage and family values, while others argue that it is a fundamental human rights issue that requires legal protection and intervention. However, the recognition of sexual intercourse with a minor wife as rape by the Indian Supreme Court was a significant step forward in acknowledging the rights of women and girls in India.

Advocacy and activism around marital rape in India have been crucial in raising awareness about the issue and pushing for legal reform. Civil society organizations, women's rights groups, and feminist activists have played an important role in mobilizing public opinion and advocating for the recognition of marital rape as a criminal offense. Despite the challenges, the fight to end marital rape in India continues, and it is essential that victims receive the support and protection they need to overcome the trauma and reclaim their rights and dignity.

Legal Status of Marital Rape in India:

Marital rape was not recognized as a criminal offense in India until recently. Prior to 2013, the law only recognized rape as a crime if it was committed by a person who was not the husband of victim. This meant that non-consensual sexual acts within marriage were not considered rape, and perpetrators of marital rape could not be prosecuted.

However, in 2013, the Justice J.S. Verma Committee was appointed to review and recommend changes to India's sexual assault laws following the brutal gang-rape and murder of a young woman in Delhi. The Committee recommended that marital rape be criminalized, stating that "marriage should not be considered as an irrevocable consent for sexual acts."

Despite this recommendation, the Indian government did not include marital rape as a criminal offense in the 2013 Criminal Law (Amendment) Act, which amended the country's rape laws. Instead, the law recognized only non-consensual sexual acts with a woman who is not the perpetrator's wife as rape. This decision was met with criticism from women's rights activists and advocates who argued that it perpetuated a culture of impunity for perpetrators of marital rape.

However, marital rape is still not recognized as a criminal offense in India. The government has argued that criminalizing marital rape could undermine the institution of marriage and family values, and that it is a private matter that should not be subject to legal intervention. Opponents of criminalization also argue that it could lead to false accusations and misuse of the law by women seeking to extract revenge or gain advantage in divorce proceedings.

Despite these arguments, women's rights groups and activists have continued to push for the criminalization of marital rape in India. They argue that it is a fundamental human rights issue that requires legal protection and intervention, and that it is essential for the safety and well-being of women in India. They have also pointed out that the lack of legal recognition and protection for victims of marital rape perpetuates a culture of impunity for perpetrators, and sends a message that violence against women within marriage is acceptable.

In conclusion, marital rape is not currently recognized as a criminal offense in India. While there have been significant legal and social advancements towards recognizing and combating this form of violence, there is still much work to be done to ensure that women's rights and bodily autonomy are protected and that perpetrator of marital rape are held accountable.

Historical Context of Marital Rape in India:

Marital rape in India has a deep-rooted historical context that dates back centuries. In traditional Indian society, women were considered the property of their husbands and were expected to be obedient and subservient to them. This patriarchal mindset often led to the normalization and justification of sexual violence within marriage.

One of the earliest recorded cases of marital rape in India dates back to the 19th century during British colonial rule. The case involved a Bengali woman named Bhupati who was sexually abused by her husband, who was a wealthy Zamindar. Despite Bhupati's complaints to the local authorities, they dismissed the case, citing that the husband had the legal right to have sexual intercourse with his wife. This case set a precedent for the non-recognition of marital rape as a criminal offense in India, which persisted even after independence in 1947.

During the British colonial period, laws such as the Indian Penal Code of 1860 were introduced, which criminalized rape and sexual assault, but they did not apply to marital rape. The exception to rape under Section 375 of the IPC was introduced in 1860, which exempted husbands from being prosecuted for raping their wives. The exception was based on the English common law principle of marital immunity, which held that a man could not be convicted of raping his wife because marriage implied ongoing consent to sexual intercourse.

In the post-independence era, the Indian Penal Code (IPC) was enacted, which criminalized rape as an offense under Section 375. However, the law made an exception for marital rape, stating that sexual intercourse by a husband with his wife, who is not under the age of 15, is not rape. This exception effectively legalized marital rape and was justified by the cultural norms of the time, which placed women's sexual autonomy and bodily integrity below that of men's rights.

The 1980s and 1990s saw a growing women's rights movement in India, which brought the issue of marital rape to the forefront. Activists argued that the legal exception for marital rape perpetuated a culture of violence against women and denied them their fundamental human rights. However, these calls were largely ignored by the government and the legal system, which continued to view marital rape as a private matter and a part of the husband's conjugal rights.

Despite the lack of legal recognition, there have been increasing efforts by women's rights groups and activists to raise awareness about the issue of marital rape in India. They have called for the government to criminalize marital rape and provide support and protection to victims. While progress has been slow, the increased awareness and advocacy have contributed to a shift.

Factors Contributing to Marital Rape in India:

Marital rape in India is a complex issue, and there are several factors that contribute to its prevalence.

Some of the key factors are:

• Factors Contributing to Marital Rape in India:
• Gender-based Power Dynamics: Traditional gender roles in Indian society place men in positions of power and authority, which can lead to the normalization of violence against women. Men may view their wives as their property and feel entitled to their bodies, leading to the perpetration of sexual violence.
• Lack of Awareness and Education: Many people in India, particularly in rural areas, lack awareness about sexual violence and its impact. This can lead to a lack of understanding about what constitutes consent and the boundaries of a healthy sexual relationship.
• Social and Cultural Norms: Traditional social and cultural norms in India place a high value on marriage and often prioritize the needs and desires of men over women. This can contribute to the normalization of sexual violence within marriage and a reluctance to report such incidents.
• Lack of Legal Recognition: The fact that marital rape is not recognized as a criminal offense under Indian law can contribute to a lack of accountability and impunity for perpetrators. Women may feel that they have no legal recourse to seek justice, and perpetrators may feel that they can act with impunity.
• Economic Dependence: Many women in India are economically dependent on their husbands, which can make it difficult for them to leave abusive relationships. This can also contribute to a power imbalance in the relationship, which may lead to sexual violence.
• Mental Health Issues: Both the victim and perpetrator of marital rape may suffer from mental health issues, such as depression or anxiety, which can exacerbate the problem.
   
• Effects of Marital Rape on Victims:
• Physical Injuries: Victims of marital rape may experience physical injuries, such as bruises, cuts, or broken bones, as a result of the violence. They may also be at risk of contracting sexually transmitted infections or unwanted pregnancies.
• Psychological Trauma: Marital rape can cause significant psychological trauma, including anxiety, depression, post-traumatic stress disorder (PTSD), and suicidal thoughts. Victims may also experience feelings of shame, guilt, and self-blame.
• Relationship Problems: Marital rape can have a profound impact on the victim's relationship with their spouse and with others. Victims may experience difficulty in trusting others and may have trouble forming intimate relationships.
• Social Isolation: Victims of marital rape may feel ashamed or stigmatized, which can lead to social isolation and a sense of alienation from their communities.
• Economic Hardship: Victims of marital rape may experience economic hardship if they are forced to leave their homes or lose their source of income as a result of the violence.
• Health Problems: The stress and trauma associated with marital rape can lead to a range of health problems, including sleep disorders, eating disorders, and chronic pain.
   
• Role of Family, Society and Culture in Marital Rape:
• Family: In Indian families, the concept of "family honor" and maintaining the family's reputation is often prioritized over individual rights and well-being. This can lead to pressure on women to stay in abusive marriages, and may prevent them from seeking help or reporting the violence they experience.
• Society: Indian society places a high value on marriage and often considers it to be the foundation of social stability. This can lead to a reluctance to acknowledge the problem of marital rape, and to view it as a private matter rather than a public issue that requires intervention.
• Culture: Traditional gender roles in Indian culture place men in positions of power and authority, and may reinforce the idea that women's bodies belong to their husbands. This can contribute to the normalization of sexual violence within marriage, and a reluctance to hold men accountable for their actions.
• Patriarchal Norms: Patriarchal norms in Indian society place a high value on male dominance and control over women. This can lead to the perpetration of violence against women, including sexual violence, as a means of maintaining power and control.
• Social Stigma: Victims of marital rape may face social stigma and discrimination if they speak out about their experiences. This can prevent them from seeking help and can exacerbate feelings of shame and isolation.
   
• Intersectionality of Marital Rape with other Forms of Violence:
• Domestic Violence: Marital rape is a form of domestic violence, and the two are often intertwined. In many cases, marital rape is part of a larger pattern of abuse and control within the marriage.
• Sexual Harassment: Marital rape can be seen as a form of sexual harassment, as it involves unwanted sexual advances and violation of bodily autonomy.
• Sexual Exploitation: Marital rape can also be seen as a form of sexual exploitation, as it involves the use of a person's body for the sexual gratification of another person without their consent.
• Child Marriage: Child marriage is a form of violence against women, and girls who are married off at a young age are at increased risk of marital rape.
• Dowry Violence: Dowry violence is a form of violence against women in which the husband or his family demands a dowry from the bride's family, and can involve physical, sexual, or emotional abuse. Marital rape can also be used as a form of control in situations of dowry violence.
   
• Responses and Interventions for Victims of Marital Rape:
• Medical Care: Victims of marital rape may require medical attention for physical injuries, as well as for sexual and reproductive health issues. They may also require support for mental health issues, such as anxiety and depression.
• Counseling: Victims of marital rape may benefit from counseling and therapy to help them process the trauma they have experienced and to develop coping strategies.
• Legal Support: Victims of marital rape have the right to seek legal redress for the violence they have experienced. Legal support can help victims navigate the legal system and seek justice.
• Safety Planning: Victims of marital rape may require safety planning to protect them from further violence. This can involve developing a safety plan, finding a safe place to stay, and seeking a restraining order if necessary.
• Support Groups: Victims of marital rape may benefit from joining support groups or seeking peer support to help them feel less isolated and to connect with others who have experienced similar forms of violence.
• Education and Awareness-Raising: Education and awareness-raising campaigns can help to change attitudes and behaviors related to marital rape, and can also help to promote the rights of women and girls.
• Economic Empowerment: Victims of marital rape may require economic empowerment programs to help them gain financial independence and to reduce their dependence on their abusers.

It is important to note that these interventions need to be tailored to the needs and experiences of each individual victim. Addressing the issue of marital rape requires a comprehensive approach that prioritizes the needs and rights of victims and seeks to prevent violence from occurring in the first place.

Advocacy and Activism Around Marital Rape in India

Advocacy and activism around the issue of marital rape in India have been gaining momentum in recent years. Here are some of the key advocacy and activism initiatives:

• Legal Advocacy: Activists have been pushing for legal reforms to criminalize marital rape and to ensure that victims have access to legal remedies. In 2019, the Delhi High Court directed the Indian government to consider criminalizing marital rape, although the government has not yet taken action.
• Awareness-Raising Campaigns: Activists have been raising awareness about the issue of marital rape through social media campaigns, public events, and other initiatives. These campaigns aim to change attitudes and promote a better understanding of the impact of marital rape on women's lives.
• Support Services for Victims: Activists have been working to establish support services for victims of marital rape, including counseling, legal support, and medical services. These services are critical for helping victims recover from the trauma of marital rape and to rebuild their lives.
• Community Mobilization: Activists have been working to mobilize communities to take action on the issue of marital rape. This includes working with local leaders, religious leaders, and other influential figures to raise awareness about the issue and to promote a culture of zero tolerance for violence against women.
• Youth Engagement: Activists have been engaging with young people to raise awareness about the issue of marital rape and to promote gender equality. This includes working with schools and universities to integrate information about marital rape into the curriculum and to provide support services for students who may be at risk of violence.
• Research and Advocacy: Activists have been conducting research to better understand the impact of marital rape on women's lives and to develop evidence-based strategies to address the issue. This research is used to inform advocacy efforts and to influence policy and practice.

Overall, advocacy and activism around the issue of marital rape in India are critical for raising awareness about this form of violence and for promoting change at the individual, community, and systemic levels. The efforts of activists and advocates are helping to create a culture of zero tolerance for violence against women and to promote gender equality and women's empowerment.
 

Challenges and Obstacles in Addressing Marital Rape in India

Addressing marital rape in India faces a range of challenges and obstacles. Here are some of the key challenges:

• Legal Barriers: The legal system in India does not currently recognize marital rape as a criminal offense. This makes it difficult for victims to seek justice and for authorities to prosecute perpetrators of this form of violence.
• Societal Attitudes: Marital rape is often seen as a private matter and is not widely acknowledged as a form of violence. Many people in India believe that a husband has a right to sex with his wife, regardless of whether or not she consents.
• Stigma and Shame: Women who experience marital rape often face stigma and shame from their families and communities. This can make it difficult for them to seek help and support, and can also make it harder for them to leave their abusers.
• Lack of Resources: There is a lack of resources available for victims of marital rape, including counseling, legal support, and medical care. This can make it difficult for victims to access the help they need to recover from the trauma of this form of violence.
• Patriarchal Culture: India has a deeply entrenched patriarchal culture, which contributes to gender inequality and violence against women. This culture can make it difficult to address the issue of marital rape and to promote gender equality.
• Limited Data: There is limited data available on the prevalence of marital rape in India, which makes it difficult to fully understand the scope of the problem and to develop effective strategies for addressing it.

Addressing the issue of marital rape in India requires a comprehensive approach that addresses these challenges and obstacles. This includes legal reforms, awareness-raising campaigns, support services for victims, community mobilization, and efforts to promote gender equality and women's empowerment. It also requires sustained advocacy and activism to ensure that the issue remains on the agenda and that progress is made towards ending this form of violence.
 

International Perspectives on Marital Rape and Its Criminalization

Internationally, the criminalization of marital rape varies widely across countries. Here are some perspectives on marital rape and its criminalization from different regions of the world:

• Europe: In most European countries, marital rape is a criminal offense. The Council of Europe has called on member states to criminalize marital rape and to ensure that victims have access to support services.
• North America: In the United States and Canada, marital rape is a criminal offense. However, there is still work to be done to ensure that victims have access to support services and that perpetrators are held accountable.
• Latin America: In many Latin American countries, marital rape is not recognized as a criminal offense. However, there have been some recent efforts to change this, with some countries adopting laws that criminalize this form of violence.
• Africa: In many African countries, marital rape is not recognized as a criminal offense. However, there have been some recent efforts to change this, with some countries adopting laws that criminalize this form of violence.
• Asia: In many Asian countries, including India, marital rape is not recognized as a criminal offense. However, there have been some recent efforts to change this, with activists and advocates pushing for legal reforms and greater awareness of the issue.

Overall, there is a growing recognition internationally of the need to criminalize marital rape and to ensure that victims have access to support services. However, progress is uneven, with some countries still lagging behind in their efforts to address this form of violence. Advocacy and activism at the national and international levels are critical for promoting change and ending this form of violence.

Relevant case law of marital rape:

• Nimeshbhai Bharatbhai Desai v. State of Gujarat

  Court: High Court of Gujarat.
  Bench strength: 2-judge bench comprising of Justice Dr. Dhananjaya Y. Chandrachud and Justice M.R. Shah.
  Brief facts: The case involved an incident in which the accused, Nimeshbhai Bharatbhai Desai, had allegedly given a bribe of Rs. 2,000 to a police constable for not filing a complaint against him for violating traffic rules. The bribe was caught on camera, and the accused was arrested and charged with an offense under the Prevention of Corruption Act, 1988.
  Question of law: The main issue before the court was whether the accused had given a bribe to the police constable and whether he was guilty of the offense under the Prevention of Corruption Act, 1988.
  Judgment: The High Court of Gujarat held that the accused had given a bribe to the police constable and was guilty of the offense under the Prevention of Corruption Act, 1988. The court noted that the bribe was caught on camera, and the accused had admitted to giving the bribe during the trial. The court rejected the accused's argument that he had given the bribe as a gift to the police constable and not as a bribe. The court held that the accused had given the bribe with the intention of influencing the police constable's decision not to file a complaint against him for violating traffic rules. The court also noted that corruption was a serious issue in India, and it was the duty of the courts to ensure that those guilty of corruption were punished. The court sentenced the accused to two years' imprisonment and a fine of Rs. 10,000.
  The judgment in Nimeshbhai Bharatbhai Desai v. State of Gujarat is significant as it reaffirms the courts' commitment to fighting corruption in India. The judgment highlights the importance of evidence in proving corruption and the need for individuals to be held accountable for their actions.
   

• Queen Empress vs. Hurree Mohun Mythee (Mythee murder case)

  Court: Calcutta High Court in 1874.
  Bench strength: 2-judge bench comprising of Chief Justice Sir Richard Garth and Justice N.G. Chatterjee.
  Brief facts: The case involved the murder of a young girl named Akruribala by her husband, Hurree Mohun Mythee, in Bengal in 1872. Akruribala's body was found in a well, and Mythee was arrested and charged with murder.
  Question of law: The main issue before the court was whether Mythee was guilty of murder.
  Judgment: The Calcutta High Court found Mythee guilty of murder and sentenced him to death. The court held that the evidence presented by the prosecution was sufficient to prove beyond a reasonable doubt that Mythee had murdered his wife. The court rejected Mythee's defense that he had killed his wife in a fit of insanity, finding that there was no evidence to support his claim. The court also rejected Mythee's claim that his wife had committed suicide, finding that the evidence showed that she had been forcibly drowned.
  The Mythee murder case is significant in the history of India's legal system because it was one of the earliest cases in which scientific evidence, such as medical testimony and forensic analysis, was used in a criminal trial. The case also highlights the importance of women's rights and the need to prevent violence against women. The case was widely reported in the Indian and British press at the time, and it sparked public outrage against domestic violence and forced marriages.
   
• Sakshi v/s Union Of India[3]
  Court: Supreme Court of India.
  Bench Strength: 2 Judge Bench comprising of Justice Y.K. Sabharwal and Justice B.N. Agrawal .
  Brief Facts: The case arose out of a writ petition filed by Sakshi, a non-governmental organization, seeking the implementation of the guidelines laid down by the Supreme Court in the Vishaka case to prevent sexual harassment of women in the workplace. The petition sought directions to the government and private organizations to implement the guidelines and establish mechanisms for dealing with complaints of sexual harassment.
  
  Question of Law: The main issue before the court was the implementation of the guidelines laid down in the Vishaka case for preventing sexual harassment of women in the workplace.
  Judgment: The Supreme Court held that the guidelines laid down in the Vishaka case were binding on all employers until legislation was passed on the issue. The Court observed that sexual harassment of women at the workplace was a violation of their fundamental rights under Articles 14, 15, and 21 of the Constitution of India.

The Court directed all employers, whether in the government or private sector, to implement the guidelines and establish mechanisms for dealing with complaints of sexual harassment. The Court also directed the central and state governments to take measures to sensitize the public and private sector employees to the issue of sexual harassment and to take effective steps to prevent it.

The Court also held that the guidelines laid down in the Vishaka case were not exhaustive and could be improved upon by employers. The Court observed that the guidelines should be updated periodically to ensure their effectiveness in preventing sexual harassment.

Overall, the judgment in Sakshi vs. Union of India is significant as it recognizes the importance of preventing sexual harassment of women in the workplace and provides a framework for employers to prevent and address complaints of sexual harassment. The judgment emphasizes the need for gender equality and the protection of the fundamental rights of women in the workplace.

Independent Thought v/s Union Of India[4]

• Court: Supreme Court of India.
• Bench Strength: 2 Judge Bench comprising of Justice Madan B. Lokur and Justice Deepak Gupta.
• Brief Facts: The case arose out of a writ petition filed by Independent Thought, an NGO that works on child rights, seeking a declaration that the exception to Section 375 of the Indian Penal Code, which exempts marital rape of a minor wife between the ages of 15 and 18 from being considered rape, is violative of Articles 14, 15, and 21 of the Constitution of India. The petition also sought directions to the government to criminalize marital rape of minor girls.
• Question of Law: The main issue before the court was whether the exception to Section 375 of the Indian Penal Code, which allows marital rape of minor girls, is violative of the Constitution of India.
• Judgment: The Supreme Court held that the exception to Section 375 of the Indian Penal Code, which permits marital rape of minor girls between the ages of 15 and 18, is unconstitutional and violates the rights of the girl child. The Court stated that the exception to Section 375 is discriminatory and arbitrary, and violates the fundamental rights of the girl child guaranteed under Articles 14, 15, and 21 of the Constitution of India. The Court also directed the government to consider making a law criminalizing marital rape of minor girls.

The Court held that sexual intercourse with a girl below the age of 18 years is statutory rape, even if she is married. The Court also observed that child marriage is a violation of the human rights of children and has serious long-term consequences for their physical and mental health. The Court emphasized the need for awareness and education to prevent child marriage and the need for the government to take effective measures to combat this social evil.

Overall, the judgment in Independent Thought vs. Union of India is significant as it recognizes the importance of protecting the rights of the girl child and addresses the issue of child marriage and marital rape, which are serious violations of human rights. The judgment highlights the need for the government to take effective measures to combat these social evils and promote gender equality.

Conclusion:
In conclusion, marital rape remains a highly contentious issue in India and around the world. Despite increased awareness and advocacy efforts, it is still not recognized as a criminal offense in many countries, including India. The legal and societal frameworks around marital rape are complex and influenced by factors such as gender inequality, cultural norms, and political pressures.

Victims of marital rape continue to face significant challenges in seeking justice and receiving support, due to social stigma, legal barriers, and other obstacles. Efforts to address marital rape require a comprehensive approach that involves legal reforms, education and awareness-raising campaigns, and support services for survivors. It is essential to challenge the patriarchal and misogynistic attitudes that underlie the prevalence of marital rape and other forms of gender-based violence.

Governments, civil society organizations, and individuals have a critical role to play in advocating for the recognition of marital rape as a crime and promoting gender equality and women's empowerment.

End Notes:

1. Nimeshbhai Bharatbhai Desai v. State of Gujarat, (2018) SCC OnLine Guj 732
2. Queen Empress vs. Hurree Mohun Mythee, (1891) ILR 18 CAL 49
3. Sakshi v. Union of India, Writ Petition (Crl.) 33 of 1997
4. Independent Thought v. Union of India, (2017) 10 SCC 800