Criminalization of Marital Rape in India: Socio-Legal Analysis

Naman Jain, Delhi Metropolitan Education, GGSIPU.*



Abstract


“Mother he raped me said the girl, but he’s your husband child! said the mother, as she cried in her lap thinking at least her mother would have understood the dilemma”.


The concept of “marital exemption” in rape has no reason or application in today's world, since we live in the twenty-first century, and there can be no place for forced sex, especially in the holy tie of marriage. This form of rape, also known as spouse rape or wife rape, is said to have also occurred when her wife was forced to "agree" in situations where she was unable to have sexual intercourse. These roots lower back to that age of the records of mankind, while ladies have been taken into consideration to the assets in their husband. It denies a woman her bodily integrity thus striking a blow at women’s” rights[1].


Furthermore, while criminalizing “Marital Rape” in India would not solve the problem, it is a crucial step in changing women's perceptions of sexual violence in marital relationship. The paper deals with various kinds of theories associated with marital rape and various types of marital rape, further its analysis marital rape as per various legal provisions in India further it discusses the socio implications that are attached along with it. And lastly the paper is concluded with various suggestions and recommendations in order to curb the problem in hand.


Keywords: - Conjugal Rights, Sexual Violence, Consent.


 

* Fifth Year Law Student pursuing B.B.A. LL.B. from Delhi Metropolitan Education, Guru Gobind Singh Indraprastha University, New Delhi. [1] Saurabh Mishra, Sarvesh Singh On May 6, 2020.


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Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

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​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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