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CAN S 377 HELP IN CASES OF MARITAL RAPE?

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In this blog, we will be exploring the potential unintended consequences of legal reform. In 2013, we finally saw the reading down of Section 377 which criminalised ‘carnal intercourse against the order of nature’. This law was used to persecute the queer community in India, with cases being brought against those who engaged in consensual anal sex, among other things. The reading down means that now two adults can have sex in whatever manner they please and regardless of sexuality and gender as long as it is consensual. This was clearly a step towards justice for LGBTQ folk in the country but has it had an adverse effect on other minoritised groups—for example, has it harmed women’s rights?

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