The Impact Of Legal And Socio-Cultural Factors On Reporting And Prosecution Of Marital Rape Cases: A Comparative Analysis

Saumya Pandey & Tanushree

ABSTRACT

A sexual intercourse without the consent of one-party amounts to rape, and when it is done within a lawfully wedded couple, it amounts to marital rape. This issue is often overlooked due to the concept of trust within a matrimonial bond. Under the Hindu personal laws, Marriage is considered as a holy union and a haven of trust. A situation like this often leads to a presumption that the other person is giving his/her consent and conceals situations wherein the consent is missing. In addition to this, gender inequality and cultural and societal norms further aggravate the situation.

Marital rape is a very complex and controversial issue pertaining to India due to the very nature of marriage in our society. Up till recently, marital rape was seen as an exception to rape. In order to tackle cases regarding the name, the statutes must ensure bodily integrity and autonomy for all. Even though some progress has been made, the laws are not always complied with due to the under-reporting of such cases.

By the method of qualitative comparative analysis, the author intends to understand the concept of marital rape while analyzing the impact of legal and cultural and societal norms on reporting and prosecution of marital rape cases in the Indian scenario. Through this research work, the author aspires to strengthen the Indian legal framework concerning marital rape.

Keywords: Marital Rape, Non-Consensual Intercourse, Societal Factors, Cultural Factors