Challenges And Imperatives In Criminalizing Marital Rape In India

R.Mano, M.Moulishvarran & G.Mohanraj, LL.M., The Central Law College, Salem

ABSTARCT:

This paper delves into the critical issue of marital rape within India's legal system, emphasizing the difficulties and contradictions stemming from its non-criminalization. Although the Constitution guarantees equality and personal freedom, marital rape is still not recognized as a crime under Indian law, thereby violating women's basic rights. The paper scrutinizes current legal measures, including the Domestic Violence Act and Section 375 of the Indian Penal Code, which do not offer sufficient protection for married women against sexual abuse. It also considers the cultural and social arguments against the criminalization of marital rape, such as the preservation of marital sanctity, concerns over false accusations, and the perceived adequacy of existing legislation. The paper ultimately calls for the establishment of a distinct and strong legal structure to criminalize marital rape, advocating for the justice and respect of all women in India.

In India, much like in other traditional societies, women have historically faced and continue to endure various forms of inhumane treatment. They are often controlled, subjected to violence, and are vulnerable to abuse and sexual assault, not only in public spaces but also within the confines of their own homes. A significant issue is that marital rape is not recognized as a criminal offense in India. This paper seeks to critically examine Indian rape laws, highlighting how the exemption of marital rape contradicts the core principles of justice and equality enshrined in the Indian Constitution. The paper advocates for the repeal of the marital rape exemption and calls for its criminalization. Additionally, it explores the stance of the Indian judiciary on the issue of criminalizing marital rape, providing insights into the legal and judicial perspectives surrounding this pressing concern.

Keywords: Marital Rape, Criminalisation of Marital Rape, Domestic Violence, Female Rights, consent, privacy, fundamental rights, Indian women