Marriage Is Not A License For Sexual Access
- IJLLR Journal
- Jul 6
- 1 min read
Sulagna Nanda, BBA LLB (H), SOA National Institute of Law
ABSTRACT
Marital Rape means forced sexual intercourse that a man does with his wife in the silence of wife’s consent. The author examines the status of criminalization of marital rape and the protection of woman’s marital rights. While decriminalization proponents argue for the protection of family structure and prevention of legal misuse, human rights advocates maintain that criminalization is essential to uphold women's bodily autonomy, personal liberty, and constitutional equality. Consent is of paramount importance in any sexual relationship, including marriage.
Marital rape should be considered a crime as it is a betrayal of trust, even with one's own intimate partner, which has a psychological impact on the woman. It is an Intimate Partner Violence. This article analyses the legal concepts and judicial challenges of marital rape and advocates against the normalization of coerced sex in the name of marriage. The author focuses on the fact that sexual consent is the most vital thing, which is revocable for every sexual encounter. This article also delves into a comparative analysis of the status of marital rape in other countries. Marital Rape exemption is morally wrong and cannot be supported constitutionally just because it lacks sufficient evidence.
Ultimately, this paper concludes that the criminalization of marital rape, while an essential statutory step, must be paired with progressive judicial interpretations to effectively recognize and penalize marital rape as a distinct crime in India.
Keywords: Marital Rape, Bodily Autonomy, Sexual Consent, Intimate Partner Violence.
