Obscenity and Sexual Offences in India

Manisha Mundhra
Jindal Global Law School, India

Volume II – Issue I, 2020

The paper focuses on loopholes of section 375 of Indian Penal Code even after the amendment of 2013. It points out three drawbacks that exist in the section. Firstly, the narrow of section 375 that fails to encompass the diverse sexualities and the marginalized section of the country. Secondly, the need of recognizing the rights of women, irrespective of her marital status. It points out India’s international obligation and the constitutional inequality that exists against the women. Thirdly, the rise in the age of who can give consent forms another hindrance to the ground reality. This paper further tries to answer the possible solution or amendments that could be brought to overcome these problems. It is important to realize that many such suggestions have come and gone and the legislature has only answered to the public outrage and not to the changing need of the society.

 

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