Rasneet Kaur, Vivekananda Institute of Professional Studies, Guru Gobind Singh Indraprastha University
ABSTRACT
Marital Rape or Spousal Rape is one of the most inhumane acts that has not yet been criminalised by the Indian Legislature. Even in these contemporary times, married Indian women are still subjected to non-consensual sexual intercourse by their husbands. The government is still silent on the topic of marital rape and continues to to shield the men and legally allowed them to rape their wives by citing repetitive few reasons which are faulty and ill-fitted. The roots of marital rape can be traced back to the Victorian Era and the prevalence of a patriarchal society.
Exception 2 of Section 375 is in contradiction with the objective of the section itself and has been used a tool in the hands of the husband to harass their wives. It also violates the fundamental right to equality and life and personal liberty enshrined in the constitution, thus making it ultravires.
Keywords: Marital Rape, Non-Consensual, Violence, Sexual Intercourse, Consent, Right to Equality, Right to Life and Personal Liberty
