top of page

No Means No, Even In Marriage: Challenging The Myth Of Consent And The Reality Of Marital Rape




Akanksha Pundir, B.A.LL.B., Durgapur Institute of Legal Studies, Durgapur


ABSTRACT


Consent is an indispensable component of our lives. Everything begins with our consent, even we are born with the consent of our parents. Yet, we may find “the word ‘consent’ non-existent in the case of marital relationships”. In the union of two persons in marriage, especially when they get involved sexually, one of the spouse coerce or manipulate the other spouse to fulfil their ‘marital duties’ regardless of whether they want to or not. This coercion or manipulation amounts to marital rape. Marital rape, also known as spousal rape, is defined as non-consensual sex in which the perpetrator is the victim's spouse. This form of sexual violence occurs when one partner forces or coerces the other partner into sexual acts without their consent. Marital rape is an issue that is not addressed candidly in our society, primarily in India. This scholarly research highlights historical context, various legal frameworks, arguments, diverse perspectives, consequences, and recommendations.

Comentários


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

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:

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.

bottom of page