Abstract

Human rights are the basic and inalienable right of every human being, based on the values of dignity and self-respect. These rights are for all and no one will be discriminated against on the basis of religion, caste, colour, sex, gender, and race. Out of all of them, rapes is one of the most horrible crimes against women, and the law punishes it as well. But the issue of marital rape, created basically both in respect of married minors and in relation to adult women, has not been addressed substantively or via the procedural criminal law at all. Yet, sexual violence in marriage is disregarded in the name of marital duty, even as it is a serious breach of a woman’s basic right to equality, her physical autonomy and sense of dignity and self-esteem. The Supreme Court of India took a landmark step in upholding each girl's right to bodily integrity when, on October 11, 2017 , it ruled the exception for rape in cases of child marriage unconstitutional. It is a landmark win for human rights, but these same legal and dignity rights must also apply to adult married women who are sexual violence victims in marriage. This research paper aims to examine the criminalization of marital rape in India, focusing on the constitutional and human rights perspectives articulated in the 2017 Independent Thought case.

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