Baani Chhibber & Chetana Shreya Anekal, UPES, Dehradun
ABSTRACT
Britannica defines rape as an unlawful sexual activity against the will of the victim through force or the threat of force. Rape, according to Section 375 of the Indian Penal Code, is an act committed when a man has sexual intercourse with a woman without her consent or when the consent is obtained by fraud, deception, or when the female is of unsound mind or intoxicated. India is one of the thirty-two countries where marital rape is still not penalized by law. Men in this country have sexually abused eight-month-old kids and a 100-year-old grandmother. According to publicly available data, the majority of crimes are committed by someone the survivor knows, such as family and neighbours. According to publicly available data, the majority of crimes are committed by those who are familiar to the survivor, such as family and neighbours. The horrific rape and murder of a 23-year-old physiotherapy student in 2012 called into question our country's rape laws. While Section 375 protects women by imposing severe penalties as a penalty, the same law excludes Marital Rape from its purview and so does not classify it as rape, leaving married women helpless victims at the hands of their partners. Rape is a flagrant violation of fundamental human rights, and the victim's relationship with the assailant cannot be used as an excuse in rape prosecutions under any circumstances. This paper seeks to demonstrate the flaws and inconsistencies in India's criminal justice system when it comes to marital rape.
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