Marital Rape In India

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Aim and Objectives: The aim of this research is to bring out the perspective the society has about marital rape against women and to trace out the lacunae in the law that turn a deaf ear to the cry of a victim of marital rape. The steps, by which such kind of dire situation of women can be changed, shall also be discussed. Scope of the paper: The scope of the paper is wide. It includes definitions and commentaries by different jurists worldwide. It also covers main psychological effects of gender violence on women. But at the same time, it mainly focuses on the present day scenario of marital rape in India. Thus, laying a firm emphasis in support of the need for legislations penalizing marital rape. Research Methodology: The method of doctrinal…show more content…
Primary sources include statutes, case laws, and judicial commentaries, reports and international conventions and resolutions. Secondary sources comprise books written by various qualified authors and research journals. Keywords: Marital Rape, Gender violence, Domestic violence. Introduction In a society like India, where patriarchy persists even in this day of the 21st century, women are openly given the status of subordinates. The gender violence in this society is celebrated in form of superiority of men. Well, the fact is, much of this gender violence happens because of the superior status given to men. Much of this is attributed to the lack of sexual education, illiteracy, patriarchy, conservative mind-sets and failure of the State in making laws. The situation of marriage behind the closed doors is…show more content…
Forcing a person, to engage in a sexual activity even though they have had intercourse before amounts to an act of aggression and violence, and amounts to marital rape. Marital rape is an aspect of sexual abuse and domestic violence which is often ignored. These forms of offences are most common in traditional societies which have patriarchy prevailing and no laws against sexual violence in marriage, and where it is also very difficult to leave a marriage. Gender relations and subordinate status of women is the heart of most forms of domestic violence out of which marital rape being the most ignored offence as it is considered to be socially tolerable. This is mainly because it has been taught by the society that husbands have a right to have sex with their spouse. And this is true for a majority of nations including India. It is an established estimate by UN that 75% of the married women in India are subject to marital rape. India still allows marital rape and thinks it cannot be criminalized due to cultural obligations. And the major issue is that marital rape is hard to prove, therefore, a lot of cases go

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