Rishu Chauhan, Rajiv Gandhi National University of Law, Patiala
ABSTRACT
The notion of marriage is revered in India as the consecrated unification of two souls. After a marriage is legally constituted, it is generally accepted that sexual activity is permitted. The idea of marriage has been abused to conceal its unpleasant realities, which include cruelty, rape in marriage, domestic violence, and other heinous crimes against women. Domestic rape has never been protected by the laws that are in place to protect women in the country from horrible crimes like rape. Married women are often the victims of marital rape. One of the biggest threats to India's gender justice system is posed by it. It is one of those societal illnesses that has been in India since ancient times and still has a negative impact on society. Indian society has never had a negative view about marital rape. It is rarely opposed by anyone in Indian society for a variety of reasons. In this way, the stance of the Indian legislative is similar. The Indian Constitution has given the Indian legislature the difficult responsibility of passing laws for the protection, security, and progress of the nation. However, the legislature has little interest in making marital rape a thing of the past. Although the Indian judiciary expresses some hope in this regard, it is limited by the fact that the legislature, not the court, is in charge of passing laws. There are no effective laws in India to prevent marital rape. Whatever regulations exist in India, they are insufficient to stop a horrible crime like marital rape. India needs to enact some strict laws to stop marital rape.
