Rape Is Rape: Addressing Marital Rape In India’s Legal Framework
- IJLLR Journal
- Mar 23
- 1 min read
Sneha Raj, Chanakya National Law University
ABSTRACT
The manuscript raises the important issue of marital rape in India, where cultural and judicial barriers ensure its impunity. Even though marital rape is banned in more than 100 countries, it continues to be a grey area in India, where there existed the outdated notion of irrevocable consent and patriarchal beliefs in society. The paper critiques historical legal doctrines by Sir Matthew Hale and William Blackstone, which have nourished the marital rape exemption. It critically investigates the inadequacies of current laws, such as Section 375 of the Indian Penal Code and the Protection of Women from Domestic Violence Act, which fail to protect married women from sexual violence. The manuscript calls for immediate legal and cultural change so that marital rape can be recognized as a crime, thereby emphasizing consent as a facet of all sexual relations. The work seeks to help the debate on gender equality and women's rights in India for the recognition of women's autonomy and rights and calls for active legal measures to uphold the dignity and bodily integrity of married women.
