Gitarthi Chandra, Symbiosis Law School, Hyderabad
ABSTRACT
Marriage is considered as a revered group in Indian culture. It is a revered connection between people, where they share the reduction of their lives together. A proper union of people, a communal and criminal reconciliation that legally, economically and emotionally connects their lives. Marriage provides additional legality to the sensual domestic within the marriage. However, in India, there are situations in which a married woman had an unauthorized sexual relationship with her husband before the lifestyle. Spouse rape is the age used to clarify sexual activity performed by the husband without the consent of her wife. Generally, some husbands mark the supremacy of their sexual partner to express their domination & power. In India there are various constitutional provisions, punishment for rape, but still at that time marital rape was not considered a crime. The law for marital rape does not exist because women are considered as the property of the husband and the state does not interfere in the institution of marriage. This can be one of the reasons why it was exempted under the penal laws. This research paper substantiates and focuses solely on marital rape as an offence in India, its side effects, how it violates the constitutional rights of women in India and why marital rape is a crime and, like rape, it should also be included in the constitutional offence.
Keywords: Marital rape, rape, Indian Penal Code, dowry, harassment, torcher, violence.
