top of page

Rape Is Rape: Addressing Marital Rape In India’s Legal Framework


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marital rape is banned in more than 100 countries, it continues to be a grey area in India, where there existed the outdated notion of irrevocable consent and patriarchal beliefs in society.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.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

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.

 

Disclaimer:

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.

bottom of page