Abstract

In Indian statutes, particularly the Domestic Violence Act, the researcher will assess the legal position regarding marital rape. Despite increasing awareness and advocacy, marital rape continues to be excluded from criminalisation in Indian statutes largely due to traditional notions of marriage and consent. This analysis looks at the proposed exemption, using the experiences of women living with domestic violence as an example. Investigating the gap between societal standards and the current statutory and case law structures will be the focus of the researcher through court interpretations and current laws. The researcher will also address the possibility for reforms to combat this consequential issue, advocating for a more nuanced understanding of consent always — even within the context of marriage. The research will highlight the need for substantive change by introducing martial rape as a human right violation through the work on the current case study and analysis of the legislative acts, which at some point will also urge for a timely and urgent amendment in the Indian laws to fairly and equally protect every human being in the institution of marriage. Through this research, we will not only fill the gap of laws, legal scholarship existing in the country, but hope to help the policymakers and activists involved in the struggle against gender-based violence.

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