Consent Within Marriage: Visiting Related Law, Exception, Role Of Cinematography And Awareness Through Chiraiya
Ms. Khushi Shukla, Thakur Ramnarayan College of Law
ABSTRACT
The question of consent for any sexual act in marriage is currently most debatable issue in modern day Indian Society. The question of consent is central for sexual acts but the Indian law still continuous to keep the exception for the same in case of marital relations under section 63 of the Bharatiya Nyaya Sanhita, 2023. This legal provision has raised a number of ethical, constitutional and human rights issue such as right to equality, dignity and personal liberty enshrined and given by the Indian Constitution to every citizen.
This Research Paper critically reviews the ongoing views related to marital rapes and the exception number 2 under section 63 of the Bharatiya Nyaya Sanhita, 2023. The study in this paper looks at the patriarchal foundations along with the complications that might occur if the marital rapes are criminalized and enforced in India. The paper explores how Cinematography, media and entertainment help for the awareness related to “marital rapes” glancing through the narrative lens of “Chiraiya” which was a recent series released on one of the OTT Platform regarding “marital rapes” as its central topic.
This Paper also includes the survey results to know the general public opinion, awareness regarding “marital rapes” and viewpoint whether there is need for legal reform and criminalization of “marital rapes”. The paper together brings legal analysis, general viewpoint and Cinematography playing important role to support rethinking of the marital rape exception in India based on the Constitutional rights perspective.
Keywords: Marital Rape, Consent, Chiraiya, Cinematography, Bharatiya Nyaya Sanhita, Women Rights, Criminal law, constitutional rights and societal awareness
