Licensed Patriarchal Terrorism Or Sacramental Institution: A Socio-Legal Analysis Of Marital Rape With An Aspect Of Gender Neutrality In India
Jasleen Kaur, B.A-L.L.B (Hons), Lovely Professional University.
ABSTRACT
I can, because she’s my wife. The doctrine of Hale’s states that women’s integrity is embodied in her husband’s. Thus, her ‘NO’ is insignificant and her consent is implicit in the sacramental institution of marriage. Even in voidable marriages, a man can continue to rape his wife with his Patriarchal Dominance, till the court passes an order to nullify the marriage. Marriage is not a license to unleash a beast on his wife. Perhaps neglecting the ever- changing societal requirements and moving blindfolded towards a void to safeguard the interest of only women, would be unjust. So, it’s a crucial time to focus on the aspect of gender-neutrality along. This paper is exigent, it raises a voice for making an enactment that abolishes the Licensed Patriarchal Terrorism. Marital Rape is a villainy that needs to be uprooted but not while sacrificing an innocent. The aim of our Judicial system is to ensure that no innocent shall ever be punished, even if a hundred guilty are set free in the process. Most of the criminal offences against women alludes men as a perpetrator but in the recent Rohtak incident1 which is similar to that of Nirbhaya case, perhaps here the wife has inserted a sugarcane and chilli-powder inside the husband’s genitals, leaving his intestines completely damaged. This paper will analysis the dire marital conditions of women and men altogether, how the legal system deals with it, simultaneously, will pursue the significance of proper investigation with an aspect of gender- neutrality to prevent the abuse of law.
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