A Socio-Legal Study of Marital Rape on Constitutional Threshold

  • Hemant Kumar
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  • Hemant Kumar

    Junior Research Fellow at Raj Rishi Bhartrihari Matsya University Alwar, India

Abstract

Marital rape is indeed rape in matrimony. It is a physical relationship between the husband and his wife against the wife's consent or without her will. The Marital Rape's evil has come down heavily on women. The research paper endeavours to analyse the meaning of Marital Rape and discusses how it is different from Rape or Stranger Rape. The paper goes on to deal with the possible types of marital rape. As the researcher proceeds further in his research, he tries to elaborate the legal scenario regarding marital rape in India (Section 375 Exception 2) and some other nations like the United States of America and Great Britain. The paper also discusses the absence of a law on the point. Criminalisation of marital rape, which is lacking, is immensely needed. The researcher puts forward the arguments given against the criminalisation of marital rape in India and discusses each with their drawbacks. The latest case by the Honourable Apex Court in 2017 of "Independent Thought Versus Union of India & Ors." whereby the words "fifteen years of age" written in section 375 exception 2 of the IPC 1860 is directed to be understood as 18, is also addressed. Finally, the paper concludes with suggestions to criminalise marital rape so that this menace can be curbed and gender equality can be achieved.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 2270 - 2284

DOI: http://doi.one/10.1732/IJLMH.26501

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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