Marital Rape - Obscurity Of Consent Within Commitment
- IJLLR Journal
- Mar 28
- 1 min read
Niyati Priyadarshini, B.A. LL.B., KIIT School of Law
ABSTRACT
India has its ongoing battle with rape, transitioning from a period when the crime went unrecognized to one where it is brought to the forefront marked by major amendments in criminal laws such as of 2013 and 2018 following landmark cases, Mukesh and Anr. V. State of NCT of Delhi1 and Vishaka V. State of Rajasthan2. Although India has come a long way in understanding the various dimensions of rape and its occurrence, amidst this journey a new facet of rape infamously known as marital rape is born. Marital rape, not being regarded as actual rape by many as well as endured by many currently stands as a challenge before the Supreme Court as to whether the exception of marital rape from section 375 of the Indian Penal Code.3 violates the fundamental rights of married women or not in the case of Hrishikesh Sahoo V. State of Karnataka4. Therefore, this article will explore marital rape, the common rationale that people hold to make it different from rape in general, its challenges, impacts, how it is a hidden epidemic and why there is a need for legal recognition for the same.
