Marital Rape and Violation of Constitutional Provisions

Prateek Mishra
Law College Dehradun, Faculty Of Law, Uttranchal University
Uttrakhand, India

Volume II – Issue IV, 2019

Today almost all the countries of globe are working for the betterment and upliftment of their nationals. These nationals include the weaker sections of society like; minorities, children and women.  Therefore, these countries have passed many legislations or sponsored various schemes for the welfare of these inferior parts of society. This Article is especially concerned with the common problem of women throughout the globe. Rape is such an offence, which had been criminalized since time immemorial. But forceful sexual intercourse by a husband with his wife is still exempted from the categories of offences in many countries. Although, there are many countries that have passed legislation for the protection of women’s rights and even some of them have also criminalized the forceful intercourse by a husband with his wife, but in India, we are still waiting for such legislation. India which is the largest Democracy of the world and which have the lengthiest Constitution in the world, which contains provisions providing authority to make special provisions for women, did not criminalize the Marital Rape. In this Article it has been discussed what provisions of Indian law are being violated and also the steps taken by the Indian Courts and the Legislature in this regard. This Article as a summarized research paper has discussed all relatable matters with Marital Rape and the position of women. 

Keywords- Marital Rape,  Constitution of India, Indian Penal Code, 1860.


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