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“Marriage Is A Sacred Institution But Not A License To Rape”




Om Dhanji Hurbada, BBA LLB, Symbiosis Law School Nagpur

ABSTRACT

The purpose of this article is to disseminate information on Marital Rape, and the researcher has attempted to demonstrate how the law differs for women before and after marriage. The researcher has also covered issues that women face after marriage where their consent does not even matter, how their rights are being infringed not once but every day, and how people are exploiting this loophole in statutory provision. The researcher has also identified important case laws of honourable courts such as State of Maharashtra v. Madhukar Narayan Mardikar, Sree Kumar v. Pearly Karun, and others that support this condition while without drawing attention Marital Rape. The researcher has also cited a few initiatives made by the Honourable Justice Verma Committee to make marital rape a crime. The researcher has responded to the question, "why is it necessary to criminalize marital rape as a crime?

Keywords: Consent, Equality, Marital Rape A Crime, Loophole, Independence

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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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