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An Analysis On Marital Rape In India




Ishika Raj, BBA LLB, Amity University, Patna

ABSTRACT

Marital rape, a form of intimate partner violence, involves non-consensual sexual acts within marriage. historically disregarded due to notions of spousal ownership, it is a violation of autonomy and human rights. The absence of explicit laws or enforcement in some regions perpetuates this abuse. Survivors face barriers to reporting including stigma and cultural norms. Martial rape a distressing reality within intimate relationships, is the focus of this exploration. The abstract examines the legal, ethical, and social dimension of this form of sexual violence perpetrated by a spouse against their partner. Beginning with an overview of the historical context and societal attitudes that have obscured its recognition, the abstract navigates through the diverse legal framework and the challenges in enforcement and reporting. It delves into the psychological impact on survivors, the prevailing cultural norms contributing to underreporting and critical need to support systems and dismantle the stigma surroundings this pervasive issue .it underscores the necessity of comprehensive strategies both legislative and societal, to combat and prevent marital rape, fostering a culture of respect, consent, and equality within marriages. The current scenario surrounding marital rape varies globally. Some countries have explicit laws criminalizing marital rape while other lack such legislation or have legal loopholes that exempt it from prosecution. In many jurisdictions, marital rape wasn’t historically recognized as a crime due to notions of spousal immunity or marriage as implied consent. however, in recent years there has been a growing recognition of marital rape as a serious violation of human rights and a criminal offense in several countries.

Keywords: marital rape, rape

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research 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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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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