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The Extended Yayati Complex and the Sanction of Marital Rape: Cultural Obedience and Legal Oversights in Contemporary India

Ms. Vineeta Vijay Sharma

In religious narratives, regardless of time and place, the one who willingly submits to the will of the father, society and tradition, is marked as a hero. This phenomenon is aptly condensed in what is known as the Yayati Complex. Complete obedience to father or father figures eventually offshoots into subjugation to the elder male patriarchs of a family by the younger members and especially females. The father and eventually the husband, representing the norm, is to be followed unwaveringly, with his mistakes forgiven. This paper aims at tracing down the archetypal root cause that prevents even the courts of modern India to rule out Exception -2 in section 375 IPC, now known as BNS (Bharatiya Nyaya Sanhita), Section 63, wherein sexual acts by a man with his own wife are not rape. Neither the law nor the society by large is ready to count it as an offence. Rather, the heinous act is deliberately neglected and not even registered. In such cases, the woman has to go through an unfathomable amount of trauma (both physical and mental), and finds herself lost in the periphery of obedience and subjugation to the collective will of the society and by large, a nation.


DOI:

Article DOI: 10.62823/IJIRA/5.3(II).8044

DOI URL: https://doi.org/10.62823/IJIRA/5.3(II).8044


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