Challenging The Silence: Marital Rape, Gender Justice, And Human Rights
Niharika Verma, Research Scholar, University of Lucknow, Lucknow, Uttar Pradesh.
ABSTRACT
Marital rape, the non-consensual intercourse by a spouse, remains a pressing issue at the intersection of gender justice and human rights. This research paper explores the pervasive yet often overlooked crime of marital rape, emphasizing its profound implications for the rights and dignity of individuals, particularly women. Despite advancements in women's rights globally, marital rape persists due to entrenched cultural norms, legal inadequacies, and societal apathy. The paper argues for recognizing and addressing marital rape as a violation of human rights and a critical barrier to achieving gender justice.
Beginning with a historical overview, the paper traces marital rape's roots to patriarchal structures that have subjugated women and rendered their autonomy secondary to male dominance. It examines legal frameworks across various countries, exposing inconsistencies and gaps that allow marital rape to go unpunished. While some nations have criminalized marital rape, others continue to exempt it under marital privilege or conjugal rights. The paper critiques these legal shortcomings and underscores the need for comprehensive legislation to criminalize marital rape, affirming individuals' rights within marriage.
The research advocates for a multi-faceted approach encompassing legal reform, education, and societal change. Public awareness campaigns are crucial to challenging norms that perpetuate marital rape. Education fosters a culture of respect and equality within marriages. The role of international organizations and agreements is examined, particularly how aligning national policies with international human rights standards can drive progress. The Sustainable Development Goals, especially Goal 5: Gender Equality, are highlighted as a framework for action. Specifically, it aligns with Target 5.2, which aims to eliminate all forms of violence against women and girls, including marital rape, in public and private spheres.
In conclusion, the paper calls for concerted efforts from governments, civil society, and international bodies to address marital rape with the urgency and seriousness it warrants, aiming to create a world where marriage is based on mutual respect and equality.
Keywords: Marital Rape, Gender Justice, Human Rights, Legal Reforms, Sustainable Development Goal 5.
