ANNOTATED BIBLIOGRAHY PRACTICE

TOPIC: URBAN CRIME

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Annotated Bibliography

Dhingra, Sumati. “Criminalisation of Marital Rape in India.” SSRN Electronic Journal,

2015, doi:10.2139/ssrn.2604919. Accessed 6 July 2020.

The author of this journal is a researcher and Google scholar from O. P Jindal Global

Law University (India), an esteemed institute specialising is academic excellence. The above

journal emphasizes on the immediate need of criminalizing marital rape under the Indian

Penal Code. A mere declaration on the conduct as an offence isn’t enough as the real objective

can only be achieved if the society challenges the prevailing myth that rape by a spouse

is insignificant. The paper aims at the validation of marital rape as a sexual assault and

the prevention of woman oppression in the guise of promoting social cohesion and the

sanctity of marriage.

Kim, Deborah. “Marital Rape Immunity in India: Historical Anomaly or Cultural Defence?”

Crime, Law and Social Change, vol. 69, no. 1, 2017, pp. 91–107., doi:10.1007/s10611-017-

9705-3. Accessed 6 July 2020.

The above article, written by researcher and Google scholar, Deborah Kim, has been taken from
Crime, Law and Social Change, a peer reviewed journal that publishes essays and reviews

dealing with the political economy of organized crime whether at the transnational national

regional or local levels anywhere in the world. This paper examines India’s legal position with

respect to marital rape. It focuses on India’s criminal law, how it has been shaped over the years

by mainly focusing on its colonial common law inheritance from England. Its development

through its inclusion in Macaulay’s Code and its continued retention in the Indian Penal Code

1860 (IPC). After tracing the history of India’s legal responses, the paper closely investigates the

influence of broader Indian culture (claims based on patriarchy and religion) on rape law reform,

finally making a case for abolition of the immunity based on the fundamental principle of

equality, drawing on arguments from the human rights guarantees included in the Constitution of

India, and India’s international legal obligations under the Convention on the Elimination of All

Forms of Discrimination Against Women (CEDAW).