The Onus of Ejaculation During Non-Consensual Unprotected Sex Under the Indian Penal Code

Abstract

The rape laws of India distinctly mention the clauses of rape. In these clauses, clear reference is present regarding non-consensual penetration by a penis or any object, and manipulation of body parts for insertion (India Code, Section 375). This article intervenes into this existing rape law(s) by the Indian Penal Code to locate the absence of non-consensual penetration. It reflects how the line of consent blurs before the legal structure regarding the concept of consent in unprotected sex. The article reflects on non-consensual penetration through the lens of bodily integrity, invasion and bodily autonomy. It also engages in a detailed discussion on the necessity of consent at each stage of the sexual act. I have demonstrated the vulnerable position of women who are unable to register their complaints due to the absence of this clause. Here, the article recounts the impact of the irresponsible ejaculation on the women's bodies, and situates it within the discourse of bodily invasion. Finally, the article argues that inclusion of non-consensual penetration as a distinct clause does not necessarily challenge the existing clauses on rape in the Indian Penal Code. Instead, it makes the Indian Penal Code clearer and more diverse.