Scope Of Marital Rape Within The Framework Of The Criminal Law (Amendment) Act, 2013

Yashas Mohan, BA LLB, School of Law (Deemed-To-Be) University

ABSTRACT

The abstract examines the scope of marital rape within the context of the Criminal Law (Amendment) Act 2013 in India, shedding light on its legal framework and statistical impact. The Act aimed to strengthen laws against sexual offenses but left a contentious gap regarding marital rape. This abstract scrutinizes the legal and societal factors influencing the criminalization of marital rape post-2013. Analyzing the statistics post-2013, reported cases of marital rape remain significantly low compared to the prevalence, underscoring the underreporting driven by stigma, fear, and lack of awareness. The abstract discusses the challenges in collecting accurate statistics due to the private nature of the crime. In light of statistics obtained since the enactment of the 2013 amendment, reported instances of marital rape remain disturbingly low, pointing to significant underreporting driven by societal stigma, lack of awareness, and the complex dynamics of intimate relationships. The abstract acknowledges the challenges of collecting accurate statistics due to the private nature of the crime. It also explores the broader discourse on the aspects relating to consent, autonomy, and gender equality as pivotal elements for redefining marital relationships in the context of sexual autonomy and safety. It critically evaluates arguments against criminalization, juxtaposing them with human rights imperatives that have helped in understanding the scope of the provisions. In conclusion, the abstract emphasizes the need for comprehensive data collection to understand the true extent of marital rape's occurrence. It underscores the importance of continued dialogue, legal reform, and societal change to address this deeply sensitive issue and ensure that the Criminal Law (Amendment) Act 2013 aligns with evolving notions of consent and gender justice.

Keywords: Marital Rape, Bodily Autonomy, India, Criminal Law Amendment Act, Consent