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Marital Rape: Evaluating Legal Gap




Ms. Diya Dua, AURO University


ABSTRACT


Despite increased awareness of women's rights and physical autonomy, marital rape is still a contentious and mostly neglected topic in India. Despite the fact that marital rape is illegal in many nations, such as the US and the UK, Indian law nevertheless accords husbands immunity based on the presumption of implicit consensus in marriage. This essay compares India's legal system for marital rape with foreign conventions by analysing it both before and after the Bhartiya Nyaya Sanhita (BNS), 2023 went into effect. The study raises attention to the legal gaps, the justifications for and against criminalization, and the pressing need for legislative change in order to protect married women's fundamental rights.



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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

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.

 

Disclaimer:

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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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