Vrinda Agrawal & Renika Yadav, Manipal University, Jaipur
ABSTRACT
The current paper represents a comprehensive take on marital rape. It not only talks about the legal paradigm but also puts an emphasis on the emotional, mental and psychological hurt that the victim suffers. The cultural antiquity binds a woman to her ‘wifely callings’ to protect sanctity of her institution of marriage and withhold the same even after undergoing such an odious experience. Sexual Offences of consensual and non-consensual nature have been penalized in the Indian Penal Code 1860. However, it fails to reprimand any man committing the same act on his wife, despite such an offence being penalized in 150 countries worldwide as of now. Marital rape exists as an undefined crime in India against which no legal protection can be sought by the victim. In the legal spectrum, violation of Article 21 of the Indian Constitution and violation of article 14 of the Indian Constitution have been discussed in order to signify the need of penalizing marital rape as it also abrogates a women’s right to live her life with Integrity, liberty and dignity.
Keywords: Article 21, Article 14, India, Marital rape
