Unconstitutionality of RCR: An Opportunity to Democratize ‘Marriage’

The author examines the constitutionality of the Restitution of Conjugal Rights and the Stateโ€™s intrusion into private familial spheres. Beyond gender discrimination, RCRโ€™s conception of marriage perpetuates inequality. It advocates for a reevaluation of this interpretation, not to negate expectations of intimacy within marriage but to challenge the legal enforcement of sexual relations as a conjugal right. The ongoing plea against the constitutionality of RCR offers an opportunity for the judiciary to redefine conjugal rights and reshape the institution of marriage.

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