Marital Rape: A Critical Analysis

Anupama. P, Presidency University Bangalore

ABSTRACT

Marriage is a sacred connection between two people and their families. However, if this union is not freely chosen or the parties are not happy, things could go south. Because of the patriarchal nature of our society, which dates back to the days of hunting and gathering, Men naturally express feelings of dominance. Law and order play a significant part in defining and regulating norms for human conduct all across the world. The laws have been enacted and the proper penalty for them has been imposed in the Indian Penal Code, 1860. But the majority of people don't realise that the British created these regulations a long time ago. At that time Marital Rape was not considered a crime which can be one of the reasons why it was exempted under the penal laws. This research paper substantiates and focuses solely on Marital Rape under the Indian Penal Code and the reasons how it is in violation of the Constitution of India.

Keywords: Marital, Rape, Woman, Section 375, Harassment, Legality, Domestic Violence, Wife