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Should Marital Rape Be An Offence In India?

Nishant Kumar, Lovely Professional University


The problem Marital Rape has been increasing in few years. The major elements of marital rape include the mental agony of being raped, the trauma of being victimised by her own husband and helplessness of being quiet and unforgettable scars of these incidents. People in India are free from crimes committed in the streets but the women have not been safe from crimes inside their own home which gets unnoticed by anyone.

According to a report about, “About 1 in every 7 women who had been married has been raped in their marriage”.[1]

Another report suggest that, “More than two-thirds of Marital women aged between 15-50 in India have been subjected to forced sex, beaten, tortured along with a demand for dowry”.[2]

Many countries have enacted marital rape laws, repealed marital rape exceptions. Recently Indonesia and Turkey have criminalized the marital rape in 2005 and Mauritius and Thailand in 2007. Criminalization of marital rape denotes that it is now recognized as a violation of human rights.

It has been estimated that, marital rape is a punishable offence in at least 100 countries where India is not one of them. Plenty of legislations and enactments regarding dowry, cruelty, domestic violence female infanticide have been regarded as violence against the women.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


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.


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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