Latest items for India
March 5, 2023, 6:43 p.m.
Countries: India
Variables: MARR-PRACTICE-8
"An online search using PubMed, Scopus, and Google Scholar databases was performed. The snowball method was used to extract other publications. The following keywords were used: Arab/Islamic communities/populations, consanguineous marriage, and consanguinity. Apart from the exception of the Islamic Jurisprudence Council of the Islamic World League in 1990, only studies between 2007 and February 2022" (5). Table 3 summarizes important statistics regarding the range of rates of consanguineous and first-cousin marriages in Islamic populations. It shows that India's overall consanguineous marriage ranges from 27-48% (7).
Variables: MARR-PRACTICE-8
"An online search using PubMed, Scopus, and Google Scholar databases was performed. The snowball method was used to extract other publications. The following keywords were used: Arab/Islamic communities/populations, consanguineous marriage, and consanguinity. Apart from the exception of the Islamic Jurisprudence Council of the Islamic World League in 1990, only studies between 2007 and February 2022" (5). Table 3 summarizes important statistics regarding the range of rates of consanguineous and first-cousin marriages in Islamic populations. It shows that India's overall consanguineous marriage ranges from 27-48% (7).
March 5, 2023, 6:33 p.m.
Countries: India
Variables: MARR-PRACTICE-8
In their Background section, the authors state that India has a 55% rate of cousin marriage (KMM-CODER COMMENT).
Variables: MARR-PRACTICE-8
In their Background section, the authors state that India has a 55% rate of cousin marriage (KMM-CODER COMMENT).
Feb. 19, 2023, 1:40 p.m.
Countries: Belgium, Brazil, Bulgaria, Czech Republic, France, Hungary, India, Israel, Japan, Netherlands, Portugal, Romania, Russia
Variables: LRCM-DATA-2
“...consensual Incestuous Families have for long, favored these countries as places to meet up with others who practice the same” (under the heading: Permissive Governments and Havens for Consensual Incest).
Variables: LRCM-DATA-2
“...consensual Incestuous Families have for long, favored these countries as places to meet up with others who practice the same” (under the heading: Permissive Governments and Havens for Consensual Incest).
Feb. 19, 2023, 1:39 p.m.
Countries: Belgium, Brazil, Bulgaria, Czech Republic, France, Hungary, India, Israel, Japan, Netherlands, Portugal, Romania, Russia
Variables: LRCM-PRACTICE-2
“...consensual Incestuous Families have for long, favored these countries as places to meet up with others who practice the same” (under the heading: Permissive Governments and Havens for Consensual Incest).
Variables: LRCM-PRACTICE-2
“...consensual Incestuous Families have for long, favored these countries as places to meet up with others who practice the same” (under the heading: Permissive Governments and Havens for Consensual Incest).
Jan. 12, 2023, 10:19 p.m.
Countries: India
Variables: LRW-PRACTICE-1
"The Bench hit the nail on the head with the contention that the inhumane test is based on an incorrect assumption that a sexually active woman cannot be raped. The evidence of a victim’s sexual history, it has reiterated, is immaterial to the case and the test only re-victimises and re-traumatises women. The top court had nearly a decade back issued views on similar lines" (para 2).
Variables: LRW-PRACTICE-1
"The Bench hit the nail on the head with the contention that the inhumane test is based on an incorrect assumption that a sexually active woman cannot be raped. The evidence of a victim’s sexual history, it has reiterated, is immaterial to the case and the test only re-victimises and re-traumatises women. The top court had nearly a decade back issued views on similar lines" (para 2).
Jan. 12, 2023, 10:19 p.m.
Countries: India
Variables: SEGI-PRACTICE-1
"Along with directions to ensure that the survivors of sexual assault and rape are not put through the two-finger test, the Union Health Ministry has been told to circulate the court’s decision widely to spread awareness. It has also asked for workshops to be conducted for health providers on appropriate procedures and removal of study material on the test from the curriculum of medical colleges. It is too serious an issue to be dealt with in a casual manner" (para 3).
Variables: SEGI-PRACTICE-1
"Along with directions to ensure that the survivors of sexual assault and rape are not put through the two-finger test, the Union Health Ministry has been told to circulate the court’s decision widely to spread awareness. It has also asked for workshops to be conducted for health providers on appropriate procedures and removal of study material on the test from the curriculum of medical colleges. It is too serious an issue to be dealt with in a casual manner" (para 3).
Jan. 12, 2023, 10:19 p.m.
Countries: India
Variables: LRW-LAW-1
"The Supreme Court has time and again frowned upon the use of the test, referring to it as the worst form of patriarchal and sexist attitude toward women who report rape. The practice has even been deemed unconstitutional. The latest order to prosecute those conducting this unscientific, invasive method of examination and holding them guilty of misconduct brings finality to the issue. It is a welcome and essential intervention" (para 1)(NF - CODER COMMENT - Though this law is not regarding rape, it is in regard to the treatment of rape survivors and victims of sexual violence). " The test’s interpretation, it said, violates the right to privacy, dignity, physical...more
Variables: LRW-LAW-1
"The Supreme Court has time and again frowned upon the use of the test, referring to it as the worst form of patriarchal and sexist attitude toward women who report rape. The practice has even been deemed unconstitutional. The latest order to prosecute those conducting this unscientific, invasive method of examination and holding them guilty of misconduct brings finality to the issue. It is a welcome and essential intervention" (para 1)(NF - CODER COMMENT - Though this law is not regarding rape, it is in regard to the treatment of rape survivors and victims of sexual violence). " The test’s interpretation, it said, violates the right to privacy, dignity, physical...more
Jan. 12, 2023, 10:19 p.m.
Countries: India
Variables: LRW-PRACTICE-2
"When responding to sexual violence, health providers are required to collect forensic evidence as well as provide therapeutic care. In reality, some survivors could still find themselves being subjected to the humiliating two-finger test" (para 1). "The Bench hit the nail on the head with the contention that the inhumane test is based on an incorrect assumption that a sexually active woman cannot be raped. The evidence of a victim’s sexual history, it has reiterated, is immaterial to the case and the test only re-victimises and re-traumatises women" (para 2).
Variables: LRW-PRACTICE-2
"When responding to sexual violence, health providers are required to collect forensic evidence as well as provide therapeutic care. In reality, some survivors could still find themselves being subjected to the humiliating two-finger test" (para 1). "The Bench hit the nail on the head with the contention that the inhumane test is based on an incorrect assumption that a sexually active woman cannot be raped. The evidence of a victim’s sexual history, it has reiterated, is immaterial to the case and the test only re-victimises and re-traumatises women" (para 2).
Jan. 12, 2023, 10:19 p.m.
Countries: India
Variables: DV-PRACTICE-2
"The Bench hit the nail on the head with the contention that the inhumane test is based on an incorrect assumption that a sexually active woman cannot be raped. The evidence of a victim’s sexual history, it has reiterated, is immaterial to the case and the test only re-victimises and re-traumatises women" (para 2)(NF - CODER COMMENT - This can include sexual violence against the other individual who may be in a relationship with their perpetrator).
Variables: DV-PRACTICE-2
"The Bench hit the nail on the head with the contention that the inhumane test is based on an incorrect assumption that a sexually active woman cannot be raped. The evidence of a victim’s sexual history, it has reiterated, is immaterial to the case and the test only re-victimises and re-traumatises women" (para 2)(NF - CODER COMMENT - This can include sexual violence against the other individual who may be in a relationship with their perpetrator).
Jan. 10, 2023, 11:50 a.m.
Countries: India
Variables: RISW-PRACTICE-1
"Supreme Court held on Thursday, [September 29, 2022,] in a landmark judgement, held that all women are entitled to safe and legal abortion. A bench headed by Justice DY Chandrachud said that the meaning of the rape must include marital rape for the Medical Termination of Pregnancy Act. The Supreme Court said that the distinction between married and unmarried women for the purposes of the MTP ACT is 'artificial and constitutionally unsustainable' and perpetuates the stereotype that only married women indulge in sexual activities. The rights of reproductive autonomy give similar rights to unmarried women as that to a married woman, the bench held. Insisting on a 'forward-looking' approach, the...more
Variables: RISW-PRACTICE-1
"Supreme Court held on Thursday, [September 29, 2022,] in a landmark judgement, held that all women are entitled to safe and legal abortion. A bench headed by Justice DY Chandrachud said that the meaning of the rape must include marital rape for the Medical Termination of Pregnancy Act. The Supreme Court said that the distinction between married and unmarried women for the purposes of the MTP ACT is 'artificial and constitutionally unsustainable' and perpetuates the stereotype that only married women indulge in sexual activities. The rights of reproductive autonomy give similar rights to unmarried women as that to a married woman, the bench held. Insisting on a 'forward-looking' approach, the...more
Jan. 10, 2023, 11:50 a.m.
Countries: India
Variables: LRCM-LAW-2
"A bench headed by Justice DY Chandrachud said that the meaning of the rape must include marital rape for the Medical Termination of Pregnancy Act" (para 1).
Variables: LRCM-LAW-2
"A bench headed by Justice DY Chandrachud said that the meaning of the rape must include marital rape for the Medical Termination of Pregnancy Act" (para 1).
Jan. 10, 2023, 11:50 a.m.
Countries: India
Variables: ABO-LAW-1
"Supreme Court on Thursday, [September 29, 2022,] in a landmark judgement, held that all women are entitled to safe and legal abortion. A bench headed by Justice DY Chandrachud said that the meaning of the rape must include marital rape for the Medical Termination of Pregnancy Act. The Supreme Court said that the distinction between married and unmarried women for the purposes of the MTP ACT is 'artificial and constitutionally unsustainable' and perpetuates the stereotype that only married women indulge in sexual activities. The rights of reproductive autonomy give similar rights to unmarried women as that to a married woman, the bench held. Insisting on a 'forward-looking' approach, the Supreme...more
Variables: ABO-LAW-1
"Supreme Court on Thursday, [September 29, 2022,] in a landmark judgement, held that all women are entitled to safe and legal abortion. A bench headed by Justice DY Chandrachud said that the meaning of the rape must include marital rape for the Medical Termination of Pregnancy Act. The Supreme Court said that the distinction between married and unmarried women for the purposes of the MTP ACT is 'artificial and constitutionally unsustainable' and perpetuates the stereotype that only married women indulge in sexual activities. The rights of reproductive autonomy give similar rights to unmarried women as that to a married woman, the bench held. Insisting on a 'forward-looking' approach, the Supreme...more
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: ERBG-PRACTICE-1
"A report by the Society for Promoting Participative Ecosystem Management published in 2020 described the inhumane conditions in which the women [who work as cane-cutters in the state of Maharashtra] work: '72% of women said that they work between 13 to 18 hours per day (on average 15 hours) during cane cutting. 98% of women said that work hours are not fixed, and they will have to start at the crack of the dawn or continue until midnight when required. They don’t get weekly offs and continue to work. The burden of work on women without break for 3 to 4 months. Women hardly take time off during illness, menstruation,...more
Variables: ERBG-PRACTICE-1
"A report by the Society for Promoting Participative Ecosystem Management published in 2020 described the inhumane conditions in which the women [who work as cane-cutters in the state of Maharashtra] work: '72% of women said that they work between 13 to 18 hours per day (on average 15 hours) during cane cutting. 98% of women said that work hours are not fixed, and they will have to start at the crack of the dawn or continue until midnight when required. They don’t get weekly offs and continue to work. The burden of work on women without break for 3 to 4 months. Women hardly take time off during illness, menstruation,...more
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: BR-PRACTICE-1
"A local official explained that women tell each other about the procedure…'There is a trend here [in Maharashtra] that girls are married at the age of 15-16, then they have two children, then family planning and then a hysterectomy' " (para 10).
Variables: BR-PRACTICE-1
"A local official explained that women tell each other about the procedure…'There is a trend here [in Maharashtra] that girls are married at the age of 15-16, then they have two children, then family planning and then a hysterectomy' " (para 10).
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: DACH-PRACTICE-1
"Because of recurrent infections and pain, 17% of women cane-cutters in the district of Beed have had hysterectomies....Women hardly take time off during illness, menstruation, pregnancy or delivery, which affects their health. The study found that 92% of these women were of reproductive age and 17% had delivered a child in the middle of a cane field" (para 2-4). "Nearly all of the women [who work as cane-cutters in the state of Maharashtra] reported that they could not take off time to deal with pregnancy, menstruation or illness. Many of the women were using rags, often damp, as sanitary pads; this often causes infections" (para 5). "Instead of dealing with...more
Variables: DACH-PRACTICE-1
"Because of recurrent infections and pain, 17% of women cane-cutters in the district of Beed have had hysterectomies....Women hardly take time off during illness, menstruation, pregnancy or delivery, which affects their health. The study found that 92% of these women were of reproductive age and 17% had delivered a child in the middle of a cane field" (para 2-4). "Nearly all of the women [who work as cane-cutters in the state of Maharashtra] reported that they could not take off time to deal with pregnancy, menstruation or illness. Many of the women were using rags, often damp, as sanitary pads; this often causes infections" (para 5). "Instead of dealing with...more
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: SEGI-PRACTICE-1
"Investigative reporting in BehanBox, a feminist website based in India, describes the appalling conditions in which women work as cane-cutters in the state of Maharashtra" (para 1). "A report by the Society for Promoting Participative Ecosystem Management published in 2020 described the inhumane conditions in which the women work" (para 2). " 'Without any thorough examination of the patient, doctors in private hospitals suggest hysterectomy which costs at least Rs 35,000. They create fear among these women by warning them that they could develop tumours and cancers,' Manisha Ghule, an activist, told BehanBox" (para 6). "Another investigative report in 2019 by The Hindu was particularly scathing about doctors’ involvement. It...more
Variables: SEGI-PRACTICE-1
"Investigative reporting in BehanBox, a feminist website based in India, describes the appalling conditions in which women work as cane-cutters in the state of Maharashtra" (para 1). "A report by the Society for Promoting Participative Ecosystem Management published in 2020 described the inhumane conditions in which the women work" (para 2). " 'Without any thorough examination of the patient, doctors in private hospitals suggest hysterectomy which costs at least Rs 35,000. They create fear among these women by warning them that they could develop tumours and cancers,' Manisha Ghule, an activist, told BehanBox" (para 6). "Another investigative report in 2019 by The Hindu was particularly scathing about doctors’ involvement. It...more
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: NGOFW-DATA-1
"A report by the Society for Promoting Participative Ecosystem Management published in 2020 described the inhumane conditions in which the women work" (para 2).
Variables: NGOFW-DATA-1
"A report by the Society for Promoting Participative Ecosystem Management published in 2020 described the inhumane conditions in which the women work" (para 2).
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: FSCB-PRACTICE-1
"Because of recurrent infections and pain, 17% of women cane-cutters in the district of Beed have had hysterectomies" (para 2). "[I]nstead of dealing with the infections, some doctors do hysterectomies. 'Without any thorough examination of the patient, doctors in private hospitals suggest hysterectomy which costs at least Rs 35,000. They create fear among these women by warning them that they could develop tumours and cancers,' Manisha Ghule, an activist, told BehanBox" (para 6). "Married at the age of 15 or 16, girls in the drought-affected Marathwada region become mothers in the next couple of years. And then, by the time they are 22 or 23 years old, they have a...more
Variables: FSCB-PRACTICE-1
"Because of recurrent infections and pain, 17% of women cane-cutters in the district of Beed have had hysterectomies" (para 2). "[I]nstead of dealing with the infections, some doctors do hysterectomies. 'Without any thorough examination of the patient, doctors in private hospitals suggest hysterectomy which costs at least Rs 35,000. They create fear among these women by warning them that they could develop tumours and cancers,' Manisha Ghule, an activist, told BehanBox" (para 6). "Married at the age of 15 or 16, girls in the drought-affected Marathwada region become mothers in the next couple of years. And then, by the time they are 22 or 23 years old, they have a...more
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: AOM-DATA-1
"Married at the age of 15 or 16, girls in the drought-affected Marathwada region become mothers in the next couple of years" (para 8, 11).
Variables: AOM-DATA-1
"Married at the age of 15 or 16, girls in the drought-affected Marathwada region become mothers in the next couple of years" (para 8, 11).
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: ERBG-PRACTICE-3
"Another investigative report in 2019 by The Hindu was particularly scathing about doctors’ involvement. It claimed that 'Cane-cutting contractors are unwilling to hire women who menstruate, so hysterectomies have become the norm' " (para 7).
Variables: ERBG-PRACTICE-3
"Another investigative report in 2019 by The Hindu was particularly scathing about doctors’ involvement. It claimed that 'Cane-cutting contractors are unwilling to hire women who menstruate, so hysterectomies have become the norm' " (para 7).
Jan. 6, 2023, 10:37 p.m.
Countries: India
Variables: WAM-PRACTICE-1
"[O]ver the past three years there have been many articles in the local and foreign press about the plight of women cane-cutters" (para 7).
Variables: WAM-PRACTICE-1
"[O]ver the past three years there have been many articles in the local and foreign press about the plight of women cane-cutters" (para 7).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: LRCM-LAW-1
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file a plea seeking divorce on the ground of cruelty under Section 13(1) of the Hindu Marriage Act (HMA), 1955" (para 14). In 2021, the Kerala High Court held that marital rape is a valid ground for divorce regardless of its penal status in India. The Court held that, although not penalized in India, marital rape is a good and valid ground to claim divorce and that it falls under the ambit of physical and mental cruelty (para 15).
Variables: LRCM-LAW-1
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file a plea seeking divorce on the ground of cruelty under Section 13(1) of the Hindu Marriage Act (HMA), 1955" (para 14). In 2021, the Kerala High Court held that marital rape is a valid ground for divorce regardless of its penal status in India. The Court held that, although not penalized in India, marital rape is a good and valid ground to claim divorce and that it falls under the ambit of physical and mental cruelty (para 15).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: LRW-LAW-1
"Section 375 of IPC [Indian Penal Code] lays down certain sexual acts by a man with a woman done in the absence of her consent or against her will that constitutes rape" (para 3).
Variables: LRW-LAW-1
"Section 375 of IPC [Indian Penal Code] lays down certain sexual acts by a man with a woman done in the absence of her consent or against her will that constitutes rape" (para 3).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: RISW-PRACTICE-1
"Section 375 of IPC [Indian Penal Code] lays down certain sexual acts by a man with a woman done in the absence of her consent or against her will that constitutes rape. The provision, however, provides for the following...[exception]: Sexual intercourse or act by a man with his wife. Earlier the age limit for the wife was 15 years. It was later increased to 18 years by the Supreme Court in October 2017" (para 3).
Variables: RISW-PRACTICE-1
"Section 375 of IPC [Indian Penal Code] lays down certain sexual acts by a man with a woman done in the absence of her consent or against her will that constitutes rape. The provision, however, provides for the following...[exception]: Sexual intercourse or act by a man with his wife. Earlier the age limit for the wife was 15 years. It was later increased to 18 years by the Supreme Court in October 2017" (para 3).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: DV-LAW-2
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file an application under the Protection of Women from Domestic Violence (DV) Act…The Act, however, provides only for civil remedies and provides for no way through which an aggrieved wife can initiate criminal proceedings against her husband" (para 14).
Variables: DV-LAW-2
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file an application under the Protection of Women from Domestic Violence (DV) Act…The Act, however, provides only for civil remedies and provides for no way through which an aggrieved wife can initiate criminal proceedings against her husband" (para 14).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: IMSTD-PRACTICE-1
"Recently, a two-judge bench of the Delhi High Court delivered a split verdict on the issue of criminalizing marital rape. The primary issues that were raised were whether marriage grants the husband an expectation for sexual relations with his wife and results in implied consent from her...India is one of the few countries around the world that does not treat non-consexual sex within marriage as rape" (para 1-2). "Section 375 of IPC lays down certain sexual acts by a man with a woman done in the absence of her consent or against her will that constitutes rape. The provision, however, provides for the following...exception:...sexual intercourse or act by a man...more
Variables: IMSTD-PRACTICE-1
"Recently, a two-judge bench of the Delhi High Court delivered a split verdict on the issue of criminalizing marital rape. The primary issues that were raised were whether marriage grants the husband an expectation for sexual relations with his wife and results in implied consent from her...India is one of the few countries around the world that does not treat non-consexual sex within marriage as rape" (para 1-2). "Section 375 of IPC lays down certain sexual acts by a man with a woman done in the absence of her consent or against her will that constitutes rape. The provision, however, provides for the following...exception:...sexual intercourse or act by a man...more
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: DV-LAW-1
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file an application under the Protection of Women from Domestic Violence (DV) Act" (para 14).
Variables: DV-LAW-1
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file an application under the Protection of Women from Domestic Violence (DV) Act" (para 14).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: SEGI-PRACTICE-1
"As a result of the Nirbhaya gang rape, a committee headed by Justice JS Verma was constituted to propose amendments to the Indian rape laws" (para 5).
Variables: SEGI-PRACTICE-1
"As a result of the Nirbhaya gang rape, a committee headed by Justice JS Verma was constituted to propose amendments to the Indian rape laws" (para 5).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: ATDW-LAW-5
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file a plea seeking divorce on the ground of cruelty under Section 13(1) of the Hindu Marriage Act (HMA), 1955" (para 14). "In 2021, the Kerala High Court held that marital rape is a valid ground for divorce regardless of its penal status in India. The Court held that, although not penalized in India, marital rape is a good and valid ground to claim divorce and that it falls under the ambit of physical and mental cruelty" (para 15).
Variables: ATDW-LAW-5
"[A] lot of women face forceful or non-consensual sexual intercourse with their husbands. In such a case, an aggrieved woman can…file a plea seeking divorce on the ground of cruelty under Section 13(1) of the Hindu Marriage Act (HMA), 1955" (para 14). "In 2021, the Kerala High Court held that marital rape is a valid ground for divorce regardless of its penal status in India. The Court held that, although not penalized in India, marital rape is a good and valid ground to claim divorce and that it falls under the ambit of physical and mental cruelty" (para 15).
Dec. 29, 2022, 6:41 p.m.
Countries: India
Variables: SEGI-PRACTICE-2
"As a result of the Nirbhaya gang rape, a committee headed by Justice JS Verma was constituted to propose amendments to the Indian rape laws. While some recommendations were accepted, whichh led to the Criminal Law (Amendment) Act, 2013, others, including modifications to the marital rape provision were rejected" (para 5). "When brought up in Parliament in 2015, the idea of criminializing marital rape was rejected by the Home Minister at that time who stated that since marriage is a sacrament or is sacred in Indian society, marital rape cannot constitute an offense of rape in India" (para 7).
Variables: SEGI-PRACTICE-2
"As a result of the Nirbhaya gang rape, a committee headed by Justice JS Verma was constituted to propose amendments to the Indian rape laws. While some recommendations were accepted, whichh led to the Criminal Law (Amendment) Act, 2013, others, including modifications to the marital rape provision were rejected" (para 5). "When brought up in Parliament in 2015, the idea of criminializing marital rape was rejected by the Home Minister at that time who stated that since marriage is a sacrament or is sacred in Indian society, marital rape cannot constitute an offense of rape in India" (para 7).