Home / Volume 1, Issue 5 / Marital Rape: To Criminalize or Not? Open access · CC BY-NC 4.0
Article Vol. 1 No. 5 (2019) PP. 217 - 225

Marital Rape: To Criminalize or Not?

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Aditya Rathore
National Law University Odisha, Odisha, India
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Abstract

The aim of this paper is to make an attempt to paint a picture about the current scenario of Marital Rape in India. Rape has been defined as forced sexual intercourse without the consent of the woman/man being raped. Punishment has also been prescribed in Indian law for Rape. But nowhere under Indian laws has the problem of Marital Rape and the consequences arising out of it been addressed. And yet more than half of the countries have criminalized Marital Rape and have strict laws governing Marital Rape. So why hasn’t India yet passed a legislation criminalizing Marital Rape? What are the statistics of this heinous act which violates the basic identity of a woman? What are the various arguments cited by those in favour of criminalizing Marital Rape and of those who are not in favour? Through this paper, I’ll make an attempt to provide a thorough view on the subject of Marital Rape in India and the laws that govern this aspect? This paper also focuses on comparing marital laws of other countries and what can be done so as to tackle this growing problem in India

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International Journal of Law Management and Humanities, Volume 1, Issue 5, Page 217 - 225
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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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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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