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Gynaecological And Psychological Perspectives On Marital Rape In India: The Role Of Medical Experts In Advocating For Its Criminalization




Paluck Sharma, Research Scholar, Hidayatullah National Law University, Raipur

Dr. Kiran Kori, Assistant Professor, Hidayatullah National Law University, Raipur

Dr. Ayan Hazra, Assistant Professor, Hidayatullah National Law University, Raipur


ABSTRACT


Despite growing global recognition of marital rape as a serious violation of bodily autonomy and mental well-being, India continues to exempt it from criminal prosecution under Section 375 of the Indian Penal Code. This paper examines the issue through the dual lenses of gynaecology and psychology, focusing on how medical and mental health professionals encounter, understand, and respond to cases of marital rape in India. Drawing on clinical experiences, empirical studies, and expert interviews, the research reveals the profound reproductive health consequences, such as genital trauma, sexually transmitted infections, and unwanted pregnancies, alongside severe psychological impacts, including depression, anxiety, PTSD, and suicidal ideation, experienced by survivors. The paper argues that Indian healthcare professionals occupy a unique and underutilized position in influencing legal and policy reforms. By highlighting the ethical responsibility and advocacy potential of gynaecologists and psychologists, the study proposes a collaborative, survivor-centric framework where medical testimony and mental health documentation can serve as powerful tools to challenge the marital rape exception. Ultimately, the paper calls for an integrated approach where healthcare systems actively support the criminalization of marital rape, not only as a matter of justice but as a crucial public health imperative.


Keywords: Gynaecology, Psychology, Health, Autonomy, Testimony



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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