Marital Rape concealed within the Iron Gate of Wedlock
Balaji Law College, Savitribai Phule Pune University, India
Volume III, Issue IV, 2020
When a bride leaves the parental home for the matrimonial home, leaving behind sweet memories with a hope that she will be in a new world full of love in her groom’s house. But the alarming rise in the number of cases involving harassment to the newly wed girls shatters the dreams. Indian society is patriarchal and dynamic towards men who are still considered privileged to enjoy much of a better status than women. Woman’s role is still regarded as submissive, docile, homemaker and many other derogatory positions one can only imagine. Marital Rape is one of the most important issues related to gender-based violence in India. Using the sacrosanct institution of marriage as a cover, marital rape is often disregarded in its recognition as a crime and is even justified, as observable from the mentality of the society towards it. The patriarchal perspective which is still rampant in the society perceives the recognition of Marital Rape as an offense, to be against the culture of India. The Legislation and Judiciary have also failed to trudge upon the subject, with the excuse that such recognition would affect the institution of marriage. The provisions of laws such as the Indian Penal Code or the Domestic Violence Act remain mute when it comes to providing for punishment for the offense.