MARITAL RAPE – NO IS NOT AN OPTION?


Lasitha Manikath, Nehru Academy of Law, Kerela


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ABSTRACT


This paper is to understand the concept and the impunity of marital rape. I have included relevant case laws and provisions along with my personal views and suggestions. Although there is an alternative provision to safeguard women under the domestic violence Act, still it’s not criminalized under IPC. Marital rape is a clear violation of Article 14, Article 19 and Article 21, yet there is no law enforced in India to curb this menace. If we go back to history we can see how women were considered inferior and merely treated like a property. Although we can see a drastic change in status of women over the span of time in various fields, when it comes to marriage we still see a patriarchal system followed where women are having passive role. This paper is to highlight the trauma and the need to bring forth a solution to eradicate marital rape.



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