Breaking the Chains: Exploring Marital Rape in India and its Comparative Analysis with International Jurisdictions

  • Kashish Jhunjhunwala and Shashank Shekhar
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  • Kashish Jhunjhunwala

    Student at Gujarat National Law University, India

  • Shashank Shekhar

    Student at Gujarat National Law University, India

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The present research looks at the sensetive topic of marital rape in India and its global context. Non-consensual sexual intercourse within marriage is referred to as marital rape. Despite advances in addressing gender-based violence, marital rape remains controversial and hidden as a result of societal taboos and legal ambiguities. The paper looks at the historical evolution of marital rape legislation in India, charting the growth of legal measures as well as public attitudes towards spousal consent and physical autonomy. Differing perspectives on the sanctity of marriage and individual rights present difficulties for legislators, policymakers, and the judiciary. On top of that, the investigation looks at global perspectives on marital rape legislation, revealing differing methods in nations around the world. Comparative study exposes differences in legal frameworks, terminologies, and criminalization practises, which can be used to evaluate existing Indian laws and propose opportunities for change. The study also looks at the psychological, emotional, and physical impacts that survivors face, emphasising the importance of supportive systems such as counselling, shelters, and legal aid services, Finally, the study emphasises a multifaceted approach to combatting marital rape, including legal reforms, public awareness efforts, and societal attitudes shifts. The paper presents actionable recommendations for Indian policymakers and stakeholders based on successful techniques used in other nations.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 3447 - 3468


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC 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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