MARITAL RAPE: A NEED FOR A NEW LEGISLATION IN INDIA

Darsini Priya GP, CHRIST (DEEMED TO BE UNIVERSITY)


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Abstract


“Her friends used to tell her it wasn't rape if the man was your husband. She didn't say anything, but inside she seethed; she wanted to take a knife to their faces.” - F. H. Batacan


Marital rape or spousal rape is an unwanted intercourse by a man with his wife obtained by force or physical violence, or when she is unable to give consent. It is considered a form of domestic violence and sexual abuse in many countries. In the most famous, Late Justice J.S. Verma Committee the committee held that a marriage license should not be viewed as a license for a husband to sexually exploit his wife. A married woman has the same right to over her own body as any other woman in the country. Under the Indian Constitution, the Act of Marital Rape violates Art 21 as it is in violation of an individual’s right to live with human dignity, the right to sexual privacy and also right to bodily self-determination. Therefore in light of the above-mentioned aspects, this paper would emphasise on the need for a marital rape law in India.


Keywords: Rape, marital rape, spouse, criminal law

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