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.
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