Abstract

We live in a society where marriage has always been put under the veil of cultural, religious and societal institutions. However, the dark reality incubating under this veil suffocates the women of India. To fully grasp the intricate layers at play, one must delve into the cultural and historical context surrounding traditional marital obligations. It is within this framework that the notion of marital rape has been perpetuated. The societal and cultural bounds of marriage place a woman in a position of “Wifely duty” and assumes irrevocable and unlimited consent. The laws regarding rape in India present a paradox. Despite progress in women's rights, marital rape is not recognized under clause 63 of the Nyaya Sahinta due to an exception clause. Marital rape has consequences far beyond the physical & emotional ties of the bond of holy matrimony, a mesh of psychological problems beyond our grasp. This paper examines the historical evolution of this exception and its interconnection with ‘Section 377 Indian Penal Code’. The paper also focuses on the profound and long-lasting psychological impact of marital rape, leading to issues such as Post-Traumatic Stress Disorder, social withdrawal, self-harm, major depressive disorder, anxiety, and severe damage to self-esteem, which are overlooked due to societal and cultural norms that downplay marital consent. Advocating for immediate legal rectification to criminalize marital rape, emphasizing the importance of consent in all sexual relationships, including marriage. It also recommends comprehensive support systems for survivors, including legal and financial assistance for those in need and access to free, and additional aid for them to overcome the long-term effects of their trauma. The article concludes with a plea for the Indian legal system to align with global human rights standards by recognizing and addressing marital rape, ultimately seeking justice and support for victims.

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