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“Consent” In Marital Rape: A Dark Shadow In Our Legal System




Sriparna Pal, B.A. L.L.B (Hons.), Jogesh Chandra Chaudhuri Law College, University of Calcutta.

ABSTRACT

Marital Rape is one of the major under reported crime being committed in our society with social tolerance. Basically, rape is an offence which is committed against a woman destroying her self-respect and dignity and when this occurs within the four walls of her matrimonial home, it reduces her status to a mere object used only for satisfying men. Our law provides certain provisions like section 375 of the Indian Penal Code, 1860 and Domestic Violence Act, 2005, but neither it has recognized “marital rape” as an offence nor provided any punishment for it. We live in a country, where we consider the fact that once a woman gets married, she hands over a never-ending implied consent to her husband. This consent continues till her death. Various petitions are filed, protests are being held by eminent feminists and women rights’ groups. But marital rape is still remaining as an unexplored part in India.

Keywords: Marital rape, India, rape, husband, woman.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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