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Penalization Of Marital Rape In India: A Gordian Knot




Adityabir Singh & Sunil Kumar

ABSTRACT

We worship female idols as gods, while women are often harassed, raped, and even murdered. Due to legal loopholes, even though just a few people are held responsible, many more are protected from accountability. Marital rape is one example of a legal loophole that shields spouses from prosecution or penalties for abusing their partners' sexual liberty. No one takes into account that women's approval is crucial. Because marriage is based on agreement, husbands treat their women as if they were property and wield physical and mental control over them. Because it would bring shame on the family, married women hear "adapt" when they tell their parents or in-laws. According to what the police tell them, such rapes in marriage are not regarded crimes, so prosecution is not an option for the victims or the authorities. In contrast to most countries, India does not criminalise rape of a married woman. We want to see if we can find a way around the challenges of proposing an amendment on marital rape. Victims of marital rape would be left with no recourse or justice if the issue was not addressed through law, as current legal procedures are grossly inadequate to fulfill their requirements. As a result, the rape of a spouse should be made illegal by our government.

Keyword: Marriage, Marital Rape, Domestic Violence, Cruelty.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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