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Marital Rape – A Justified Crime In India




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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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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