Devanshi Dharia, Vivekananda Institute of Professional Studies, GGSIPU
INTRODUCTION
Marriage is a constitutional regime founded on the equality of and between both the parties to the marriage. In India, marriage is considered as a sacred and holy matrimony of two spouses.
Does the sacrosanctity of this tie which should continue in all lifetimes, lead the men to believe that they have a right over their partner’s body? While the law of the land has given every individual, every woman, irrespective of her role as that of a mother, businesswoman, sex worker, girl child, equal protection of their rights and remedy to the same, married women were left behind due to some “exceptions in our laws”. These exceptions are what make a crime as heinous as marital rape legal in India. This blog will talk about the background and origins of such laws, and the various arguments due to which marital rape is not criminalised in the world’s largest democracy, and will also suggest remedies for the same.
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