Criminalisation Of Marital Rape In India Comprising Of Both The Social And Legal Implications

Sangit Kumar, Amity Law School, B.A. LL.B. (Hons.)

ABSTRACT

Marital rape, the act of non-consensual sexual intercourse within a marriage, is a pervasive form of gender-based violence that persists in various societies, including India. This study provides a comprehensive examination of the criminalization of marital rape in India, exploring both its social and legal implications.

The study commences by delving into the historical context, tracing the evolution of marital rape laws against the backdrop of traditional marital constructs and spousal prerogatives in India. It highlights the entrenched patriarchal norms and societal expectations that historically marginalized women's agency within marital relationships.

Transitioning to the legal landscape, the study scrutinizes relevant statutes and legal precedents concerning rape and marriage in India. Despite recent legal amendments aimed at addressing sexual violence, the absence of specific legislation criminalizing marital rape remains a glaring gap, perpetuating impunity for perpetrators and silencing survivors.

Exploring societal perceptions and attitudes towards marital rape, the study unveils entrenched cultural norms, gender hierarchies, and patriarchal structures that shroud the issue in secrecy and stigma. Within this milieu, prevailing notions of marital sanctity often eclipse considerations of consent and bodily autonomy, leaving survivors vulnerable to coercion and exploitation.

Confronting the challenges to criminalizing marital rape, the study identifies institutional inertia, legal lacunae, social taboos, and gender biases as formidable barriers. Despite incremental progress, the inertia of patriarchal systems and the sanctity accorded to marital privacy hinder meaningful reforms, perpetuating a culture of impunity.

Yet, amidst these challenges, the study highlights the advocacy and activism that have emerged to challenge societal norms and demand accountability from policymakers and law enforcement agencies. Through grassroots mobilization and public campaigns, activists have amplified survivors' voices, pushing for systemic change.

Drawing insights from international comparisons, the study elucidates diverse approaches to addressing marital rape, offering strategic pathways for reform in India. Augmenting theoretical analysis with empirical evidence, it foregrounds survivors' lived experiences, underscoring the urgent need for policy interventions and legislative reforms.