Sexual Harassment Within Marriage: A Hidden Catalyst For Divorce And Mental Breakdown
- IJLLR Journal
- 2 days ago
- 1 min read
Kini Saxena, B.Com. LL.B. (H), LLM (Family Law), PhD (Pursuing), Shobhit University, Meerut, Uttar Pradesh
ABSTRACT
Marriage is idealized as a sacred union between two parties wherein mutual respect, companionship and mutual consent can become a site of coercion, trauma and disrespect if the sexual autonomy is violated by the husband. The notion of sexual consent within marriage is not respected within the patriarchal society even when multiple legal and social rights have been dealt in by the Courts and Statutes till date. Gender justice remains in the books of the legal system, and marital rape or coercive sexual behaviour still goes unnoticed in the society as it is normalized or dismissed as private matters. This paper will critically examine sexual harassment within marriage which becomes a potential catalyst for divorce and deterioration of mental health of the spouses, with special focus on women.
Sexual harassment in a marriage might lead to psychological trauma, stress, mental disorders, suicidal tendencies and even breakdown of marriage. Article 14, 15 and 21 lays emphasis on gender equality and right to live with dignity, however there are no laws to support sexual harassment in a marriage. It is often considered to be a wife’s duty to submit her body and soul to the husband after marriage.
This paper will focus on reconceptualizing the idea of “marital rape” by enacting proper laws and encouraging gender sensitization for the same. The socio-legal transformations can change the shape of the marital laws in India, with the aim of upholding the constitutional provisions.
Keywords: Sexual Violence, Marriage, Marital Rape, Divorce, Mental Health, Gender Justice, Stockholm syndrome.
