Marital Rape In India: Need For Criminalization And Legal Reform
- IJLLR Journal
- May 14
- 1 min read
Divakar Upadhyay, Amity University
ABSTRACT
Rape is a very big issue in Indias criminal law. Even though the law says that rape is a crime it does not fully consider forced sex by a husband with his wife as an act. This is because of an exception in the Indian law that protects husbands in certain situations. This exception is based on an idea that when people get married they automatically give consent for sex.
In todays world this idea is hard to justify. Our society has changed a lot. Our values have evolved. The courts have also emphasized the importance of dignity, privacy and personal freedom. A married woman also has the right to make her choices about her body. Just because she is married it does not mean that her consent is no longer important.
This paper talks about the history of the marital rape exception its validity and what the courts have said about it. It also looks at the arguments against making it a crime. Explains why we need to change the law in India.
Keywords: Marital rape, consent, dignity, equality, women’s rights.
