Marital Rape - An Obscure Criminal Misdemeanor In India

Simarjit Singh & Ms.Aakriti

ABSTRACT

Marital rape is not a misdemeanour in India since the Indian Penal Code, 1860, does not recognise it as a crime for a husband to sexually attack his wife. Multiple Law Commission investigations, Parliamentary debates, and legal judgements have all asserted various explanations for this. The justifications range from the retention of the marital institution's sacredness to the coverage of legal framework. We portray how these pretexts for not criminalising marital rape seem to be untrue in this research.We contend that perhaps the spousal rape exemption provision in the Indian Penal Code, 1860, should indeed be pronounced felonious predicated on a representation of Article 14,15,19, and 21 of the Indian Constitution. Furthermore, we emphasise the inability of existing ways for a woman to speak up in the event that she is being assaulted by her significant other. We relied upon the historical believes of the society regarding marital rape and based upon status of Dignity of woman in society, we certainly say that criminalising conjugal abuse is absolutely required. While we converse a lot about how the women are rescinded their privileges, at job, and at household, we generally neglect to mention that the darkest instances of trauma originates in their Rooms, which ought to be the snugged and most intimate space in the residence.. This paper validates and relies solely on the growth of women's rights, particularly the effects of marital rape and the reasons why it infringes the Indian Constitution.

Keywords: Marital, Rape, Woman, Section 375, Sexual assault, Harassment, Constitution, Domestic Violence, Wife