Home / Volume 7, Issue 5 / Marital Rape: An Offence Against Gender Equality Open access · CC BY-NC 4.0
Article Volume 7 Issue 5 965 - 969 October 1, 2024

Marital Rape: An Offence Against Gender Equality

Lead author · Corresponding
Pragya Mishra
LL.M. student at University of Lucknow, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.118343
Abstract

Marital Rape is a form of sexual violence that occurs when a husband forces his wife to have sexual intercourse against her will. This is not only a physical violence, but also affects women psychologically, mentally, as well as foster fear in them. Marriage which is considered as a sacrament under Hindu Jurisprudence is losing its importance in the 21st century. Infact Marital Rape ends the relationship between the two souls. Marital Rape is also a kind of Domestic Violence, but unfortunately it is not considered as offence as exception 2 of section 375 IPC or exception 2 of section 63 of BNS grants immunity to husbands. In the new criminal law that is BNS Marital rape is retained, although age limit is increased that is 18 years. Presently, the case regarding constitutionality of Marital Rape is pending in supreme court. It is need of hour that marital rape should be criminalized.

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Article
Information
International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 965 - 969
DOI: https://doij.org/10.10000/IJLMH.118343
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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