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Marital Rape In India: Examining The Conflict Between Legal Immunity And Women’s Rights




Pratishtha Saxena, Research Scholar, Department of Law, Brahmanand P.G. College, Kanpur

Dr. V.S. Tripathi, Professor, Department of Law, Brahmanand P.G. College, Kanpur


ABSTRACT:


Marital rape has emerged as one of the most controversial and widely debated issues in contemporary Indian legal discourse. Although rape is recognized as a serious criminal offence under criminal law, Indian legislation continues to retain an exception where the alleged perpetrator is the husband of the victim. This marital rape exception creates a significant conflict between the traditional perception of the sanctity of marriage and the protection of women’s fundamental rights. The present study critically examines the legal framework relating to marital rape in India and analyses the rationale behind the continuation of legal immunity granted to husbands. It further explores the constitutional dimensions of the issue, particularly in relation to the principles of equality, dignity, bodily autonomy and personal liberty guaranteed to women under the Constitution. The research also discusses the evidentiary challenges associated with prosecuting marital rape and highlights the socio-cultural factors that influence its legal recognition. By analyzing judicial developments and comparative legal perspectives, the study attempts to evaluate whether the existing legal position adequately safeguards the rights and dignity of married women. The paper concludes by emphasizing the need for a balanced legal approach that preserves the institution of marriage while ensuring effective protection of women’s rights and bodily autonomy.


Keywords: Marital Rape, Legal Immunity, Women’s Rights, Consent, Constitutional Rights, Indian Criminal Law.



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.

 

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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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