Consent In Marriage: A Legal Fiction Or Reality In Indian Criminal Law?
- IJLLR Journal
- May 14
- 1 min read
Pratyush Sharma, B.B.A.LL.B., Law College Dehradun, Uttaranchal University
ABSTRACT
marital rape is one of the most contentious and sensitive topic in current criminal jurisprudence and gender justice discourse in India. The notion contradicts the conventional view that marriage means perpetual permission to sexual relations and raises deep problems about physical integrity, dignity, equality and freedom. This article focuses about the Concept and meaning of marital rape and theory of consent which forms the basis of lawful sexual relations. It further examines the features and reasons of marital rape. It points out the social, cultural and patriarchal institutions that help it to continue within the community.
This article also discusses the history of marital rape and the development of the marital rape exception from conventional common law to present constitutional viewpoint. It also covers major landmark judgements and judicial interpretations that have changed the legal concept of consent, privacy and women’s rights in India.
The article also finds that the non-criminalization of marital rape violates the values of equality and dignity afforded to women. It stresses the need for legislative change, public awareness and gender sensitization to ensure that marriage is seen as a partnership based on mutual respect and free agreement rather than compulsion or domination.
Keywords: Marital rape, Consent, Gender Equality, male autonomy, sexual violence, Human Dignity.
