Marital Rape: Legal Perspective, Cultural Attitude & Stigma
- IJLLR Journal
- 9 hours ago
- 2 min read
Nithyakalyani. S, B.A., LL.B. (Hons), School of Law, Dhanalakshmi Srinivasan University, Trichy.
ABSTRACT
The word ‘marriage’ becomes a scary term in the modern world. There are so many conflicts in the marital relationship. The word ‘rape’ defines as the sexual intercourse without the consent other person, it majorly happens to women by men. There is a major question that arises whether there is a need for consent of a wife needs to have sexual intercourse with the husband. The concept of marriage varies from country to country, society to society. In most of the countries women are the property. At the birth of a female child she is considered as the property of a father and after the marriage she is considered as a property of her husband. Here marriage itself seems like a contract,and women is considered as the property, if any damages happen to his property, he claims compensation for the damages, and after marriage husband has all rights of his wife, literally she is treated like a servant. There are two different points of view in this marital rape, in a legal aspects some justice and legal professional told a statement that marital rape is not considered as illegal and other legal professionals and justice said that marital rape is a illegal, There is no rights to have a sexual intercourse without the consent of other person in the name of marriage, in most of the countries marital rape is illegal and severe punishment for person who attaining marital rape, but till now in India marital rape is legal with some exceptions’, this seems like a major back log for our country, and the laws also seems like too old concept.
Keywords: Marital rape, legal perspective of marital rape, marital rape in India, criminalization, sexual assault.
