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Marital Rape: A Rhetorical Question Of Law




Ayushree Mehta, B.B.A. LL.B, University of Mumbai Law Academy

Lt. Col. (Dr.) Anjan Kumar Sinha, registrar at the Armed Forces Tribunal, Mumbai

ABSTRACT

Over 65,025 rape cases were reported in 2020 in India; out of which in 95.6 per cent of the cases; the offenders were known to the victims1. Among ever- married women aged 18-49 who have experienced sexual violence, 83% report their current husbands and 13% report a former husband as a perpetrator2. Rape is not only seen as one of the heinous crimes committed against women; it also exposes the failure of the institutions to provide individuals with grave assaults on their autonomy and privacy. A law should not differentiate between the victims of the crime as the cited reasons of a ‘rational nexus’. This research paper attempts to analyse the jurisprudence, the types, the contradicting laws and the fundamental rights given the Constitution, and the current updates with the strides of justice.

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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Licensing:

​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.

Disclaimer:

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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