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Breaking The Silence: Understanding And Addressing Marital Rape




Tripti Mishra, Vijaybhoomi University, Maharashtra

Introduction

An abominable kind of violence that has long been veiled in secrecy and cultural apathy is marital rape, which is defined as non-consensual sexual intercourse imposed by one spouse on the other. The traditional belief that sexual violence within marriage is acceptable or passes unnoticed has been challenged by the rising awareness of the prevalence and seriousness of marital rape in recent years. In order to shed light on the problem of marital rape in India, this research paper will look at its ethical, social, and psychological aspects.

India, a multicultural and culturally rich country, struggles with a wide range of social standards, attitudes, and ideas regarding gender roles and sexuality. Despite tremendous advancements in gender equality, patriarchal norms and practices that uphold women's subordination and victimization remain pervasive in Indian society. In this setting, marital rape frequently goes unreported and unacknowledged, trapping countless women in harmful and exploitative relationships.

In India, the legal system governing marital rape has been the focus of significant investigation and discussion. Contrary to many other nations, where marital rape is considered a crime, India has historically absolved it from punishment. Non-consensual sexual actions that take place in married partnerships are specifically excluded from the exemption in Section 375 of the Indian Penal Code, which defines rape. Due to this legal loophole, survivors of marital rape continue to experience systematic injustice, which is a failing on the part of the government to uphold married women's bodily autonomy and dignity.

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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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