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Criminalizing Marital Rape In India




Vaibhav Yadav, National Law University Delhi


ABSTRACT


In India, where women are revered, husbands compel their wives into non-consensual sexual encounters, rape. Not the worst situation for women's rights in India. Whoever does this is a monster. Justice denotes the right to seek redress for any act that violates legal standards. Marital rape is legal in India, therefore a husband can rape his wife without fear of prosecution. Extending the Indian justice system's inaccessibility to spouses is critically needed. Lawyers can no longer afford stale practise. New issues arise in various situations and socioeconomic conditions, necessitating new legislation. Women are becoming more aware of their rights and how they are being abused as literacy and information improve. To speak out against a crime that has permanently impacted their mental health, the Legislature and the Courts can use their combined powers. The nation must comprehend that women's empowerment and gender equality cannot be achieved without criminalising marital rape. This article examines the obstacles of criminalising marital rape in India and suggests solutions.


Keywords: Marital Rape, Criminalizing Rape, India, Criminal Law

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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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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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