CASE COMMENTARY ON SHRI BODHISATTWA GAUTAM V/S MISS SUBHRA CHAKRABORTY (1996 1 SCC 490)
Author – Surya Chandan, Advocate at JAMMU & KASHMIR HIGH COURT
Best Citation – Surya Chandan, CASE COMMENTARY ON SHRI BODHISATTWA GAUTAM V/S MISS SUBHRA CHAKRABORTY (1996 1 SCC 490), SUPREME COURT JUDGEMENT REPORTER, 1 (1) of 2023, Pg. 61-65, ISBN – 978-81-960677-8-6.
ABSTRACT
Marriage is Sacramental union not a contract. Marriage is union of two bodies but in this male dominant society Men always take women as their personal property which he can use according to their own needs. In the pre-historic era Women are always considered as weaker section of the society and Married women only have to serve their family, they always has a duty to confined household works like cooking, cleaning, beauty etc. and boys duty is associated with cars, engines, earning etc. Men always considered himself s superior and still have mind-set that Women and Men are not equal. One is Male & female are indeed different biologically but nature don’t create any difference. No one is superior or inferior to others. What can be done by a man can also be done by a woman & vice versa. Every gender should be equal. A well-known quote stated by Swami Vivekananda that “Just as a bird cannot fly with one wing only, a nation cannot march forward if the women are left behind.” There are so many crimes relating to women like Rape, Kidnapping, Acid attack etc. In the current scenario the nature and extent of violations against women are at an increasing rate. In this country majority of victims are women. Rape is the act of having sexual intercourse with a person without his/her content but the Marital Rape[1] has been overlooked for years. It is used to describe the non-consensual sexual acts performed by the victims spouse or ex-spouse. Marital rape is one of the manifestations of domestic violence it causes more damage than a sexual assault performed by others, it is a recently adopted idea that sexual intercourse should be mutually desired by both parties and otherwise it should be considered as rape.
KEYWORDS: Article 14, Article 32, Article21, Rape, Marital Rape
[1] https://dergipark.org.tr/tr/download/article-file/404649