Vanya Agarwal, University of Petroleum and Energy Studies
ABSTRACT
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.
