Dignity Over The Sacred Bond: The Need To Recognise “No” Within Marriage
- IJLLR Journal
- 1 hour ago
- 2 min read
Mitali Sinha, Mitali Chauhan and Bhartendu Vimal, LL.B. (Hons.), University of Allahabad
ABSTRACT
Marriage in our society has been framed as a social institution with mutual rights and obligations, often neglecting individual dignity and autonomy within the intimate relationship. This article tries to examine the concept of consent in the marital context and evaluate how consent is misunderstood, practised and enforced in marital relationships.
By legal analysis, exploring legislative framework and societal tradition, the study shows how traditional notions of conjugal rights have always obscured bodily dignity and privacy, especially for women. While marriage is considered a socially and legally sanctioned union, it is often assumed that consent, once given at the time of marriage, is perpetual and irrevocable. The study emphasises that marriage does not give an implied license over the body of one spouse to the other, as dignity is inseparable from bodily autonomy and personal agency, both of which must be respected and preserved within marriage.
The article further explores the statutory tyranny under the Indian Criminal Law in the light of Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023, which grants legal exemption to husbands for their non-consensual sexual act with their wives, and also the social, cultural and economic factors that silence or affect the refusal within marriage like:- financial dependency, conservative gender norms and patriarchal power influence. The research also comparatively analyses the recent development and landmark judicial interpretations, indicating a global shift towards acknowledging that consent is continuous, revocable and indispensable irrespective of marital status. Conclusively, the article emphasises the urgent need to recognise and respect the articulation of “NO” within marriage.
Keywords: Marital Rape, Consent, Patriarchal Mindset, Spousal Sexual Violence, Psychological Trauma
