Ishan Law Journal

AN OVERVIEW OF MARITAL RAPE IN INDIA

Piyush Agarwal, Muskan Sharma

Ishan Law Journal, Vol. 1, No. 2 (2023)

Keywords:

Marital Rape, Non-consensual Sex, IPC, Marriage, Rape.

Abstract

Marital rape is a complex and sensitive issue that has been largely ignored in India. It refers to non-consensual sexual intercourse between spouses, where the victim is forced or coerced into sex by their partner. Despite being recognized as a form of sexual violence by international human rights conventions, India has not criminalised marital rape, as it is perceived as a private matter and not a criminal offence. This has led to a culture of impunity for perpetrators, with many victims suffering in silence due to fear of stigma, social pressure, and legal barriers. This paper will explore the prevalence of marital rape in India, its causes, and the legal and social barriers that prevent its recognition and redressal. The paper will also discuss the impact of marital rape on victims, their families, and the society at large, and make recommendations for legal and social reforms to address this issue. Marital rape is a violation of the fundamental right to bodily autonomy and sexual autonomy, and its impact on victims is devastating. It can cause physical injuries, psychological trauma, and lead to longterm health consequences. In India, the prevalence of marital rape is difficult to estimate due to the lack of legal recognition and reporting, but studies suggest that a significant number of women experience sexual violence within marriage. The lack of awareness and sensitivity among law enforcement officials and healthcare providers also makes it difficult for victims to access support services. To address the issue of marital rape in India, legal and social reforms are necessary. The legal exception for marital rape must be removed from the IPC, and a comprehensive law that criminalises all forms of marital rape must be enacted.

Authors

Piyush Agarwal

Sharda School of Law, Sharda University, Greater Noida, Gautam Buddha Nagar. Greater Noida, Uttar Pradesh, India

Muskan Sharma

Sharda School of Law, Sharda University, Greater Noida, Gautam Buddha Nagar. Greater Noida, Uttar Pradesh, India

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IssueVol.1 No. 02 (2023), ISHAN LAW JOURNAL
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How To Cite

Piyush Aggarwal & Muskan Sharma (2023). AN OVERVIEW OF MARITAL RAPE IN INDIA. Ishan Law Journal, 1(02). Link…..

References

  1. Indian Penal Code 1860
  2. Hindu Marriage Act 1955
  3. Independent Thought v. Union of India W.P.(C) 382/2013
  4. State of Maharashtra v. Madhukar Narayan Mardikar AIR 1991 SC 207, (1991) 1 SCC 57
  5. Rupali Devi v. State of Uttar Pradesh [Criminal Appeal No.71 of 2012 ]
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  7. https://pib.gov.in/newsite/printrelease.aspx?relid=119938
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