Comparative Criminal Law (Indo-Canadian Perspectives)

Nosha Pynam, Jindal Global Law School

Evolving Legal Reforms and the Cultural Perceptions that have influenced the recognition and response to marital rape laws in India and Canada; A Comparative Analysis

ABSTRACT

This paper critically analyses the comparative status of marital rape laws in India and Canada by evaluating the legal and judicial interpretations of both jurisdictions by adopting a doctrinal methodology. It seeks to shed light and delve into statutory provisions and various case laws which have shaped the contours of marital rape legislations in both these countries. Through this comparative study, the nuanced intricacies of the addressal of marital rape will be examined within these two diverse countries with different legal systems considering the cultural and social contexts which underpin each approach. The intricate disparities and commonalities in the legal handling of marital rape laws will be brought out and furthermore, an assessment of the broader ramifications of these statues in terms of safeguarding the rights of spouses as well as their well-being will be done.

While drawing insight from Canada’s experience, considering their more progressive statues providing for more comprehensive protection, this paper aims to illuminate possible pathways with regard to reforms in India in hopes to strike a balance between addressing the issue and protecting the rights of the complainant as well as the accused with India’s unique socio-legal context. Moreover, the paper extends beyond legal provisions as it analyses the practical application of marital rape laws, considering issues such as convictions and societal attitudes.

In conclusion, with growing public awareness and activism surrounding the issue of marital rape, this paper aims to explore the ongoing discourse, offering an understanding of the contrasting approaches and their implications in the real world. Finally, it will assess the arguments made for and against the decriminalisation of marital rape before offering recommendations and insights, having the ultimate goal of advancing more equitable and fair frameworks for addressing marital rape issues in India.