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Marital Rape and Right to Privacy: A Conundrum in Indian Law

Vanya Agarwal, University of Petroleum and Energy Studies


The landmark judgement by a 9-judge bench in Justice K.S. Puttaswamy vs. Union of India (2017) recently recognized the Right to Privacy, including privacy in marital affairs, as a fundamental right envisaged under Article 21 of the Constitution of India1. While this judgement is a victory in many areas of law, it creates a veil to protect the already undermined right of a married person of consent to intercourse with their spouse. Marital Rape is an issue that has been haunting various countries, especially India, since centuries. Since the Hindu religion views marriage as a sacred institution, the Right to Privacy helps in further protecting the perpetrators of marital rape. This article analyses the impact of Right to Privacy on marital rape and the need for criminalization of marital rape.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


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.


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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