A Hideous Crime in the Name of Matrimonial Sacrament?

Troeeta Bhuniya
National Law University Odisha (NLUO), Cuttak
Odisha, India

Volume I, Issue V, 2018

In contemporary India, under section 375 of the IPC, a limitation still exists against criminalizing marital rape. The rate at which this heinous and barbaric crime is committed in India is extremely high and is compounded by the fact that it is not recognised as a crime. This paper explores how marital rape is a black thorn within our society and recognises the adverse effects caused by its impact. The archaic thought process behind not introducing legislation to criminalise marital rape permits our society and culture to remain stuck in its orthodox ways and hampers progress. It encourages patriarchal undertones in the Indian law and protects the men who met out cruelty to their wives. It also explores the various fundamental rights of women that are violated due to the heinous act of marital rape being inflicted on them such as the right to equal protection under the law, right to life and liberty, right to privacy of sex, right to discretion over body, etc.


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