A Principled Criminalisation Approach To Marital Rape

Prateek Srivastava, LL.M, Chanakya National Law University, Patna

ABSTRACT

Marital rape is still a hotly debated topic within social discourse, since it lies at the complex intersection of human rights, personal autonomy, and the inherent value of marriage. This subtle kind of abuse, which is defined as non-consensual sexual relations carried out by one partner against the other, contradicts conventional views of marriage as a sacred union. The conflict between the rights and liberty of individuals within a marriage and the social norms surrounding marriage is at the core of the discussion. The idea that marriage is sacred, which is ingrained in many legal, cultural, and religious systems, has historically protected this institution from outside influence and kept the topic of spousal abuse taboo.

But the norm is changing, driven by changing public perceptions and legislative measures meant to acknowledge and confront the seriousness of marital rape. Proponents contend that being married does not mean giving up one's autonomy or right to bodily integrity. The continuation of such behaviours in the name of marital obligations or spousal rights fundamentally contradicts the core values of equality and human rights.

Numerous elements, like as cultural standards, societal stigmas, and the absence of legislative frameworks that adequately protect survivors, contribute to the complexity of this issue. Marital rape survivors frequently encounter additional obstacles when attempting to obtain justice and support because of social stigmas, victim-blaming mind-sets, and a lack of legal acknowledgement for this type of violence. The fight against marital rape requires a comprehensive strategy that includes education, legal changes, and public awareness campaigns. Enacting legislation that specifically make marital rape illegal and providing extensive support networks for victims are essential. Developing educational programmes that promote a marriage- based culture of respect, consent, and gender equality is also very important.

To sum up, the discussion around marital rape and the sacredness of matrimony emphasises how important it is to balance the defence of individual liberties within the framework of a married partnership. It is imperative that society reassess deeply ingrained standards in order to preserve marriage's sacredness and protect each partner's autonomy and well-being.