THE NEED OF CRIMINIALISATION OF RAPE IN THE SECRECY OF MARRIAGE

Anuj Chakraborty & Simran Sharma, School of law and Justice, Adamas University, Kolkata, Barasat, West Bengal


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Abstract


Crime against women has been increasing down the lane since ages and within these many levels of crime, RAPE is one of the most brutal, cruel and uncivil nature/forms of crime against woman, violating the privacy and integrity of a woman. Under the Justice J.S. Verma Committee Report certain rape laws were amended in the year 2013. Even after such amendment a hiatus that exists in the preview/context in the criminal law of India is the non-criminalization of marital rape. It is believed that in the purity of such a thing i.e. marriage, an implied consent is to be presumed between the married couple. But the very fact of this cannot change the meaning and gravity of rape in the secrecy of marriage, Rape is still Rape. Through many countries across the world has completely dealt with the exception of marital rape in their penal statutes. As mentioned above, In India even after the recommendations of the Law Commission of Justice J.S. Verma Committee Report no such rigid/concrete step has been made in regard to marital rape. Clearly, marital rape is a major violation of Fundamental Rights and criminalization of marital rape has to be done at its earliest.


Keywords – Rape, Marital Rape, Privacy and Integrity, Marriage, Fundamental Rights, Criminal Law, Criminalization.