Justice Behind Closed Doors: The Call for Marital Rape to be a Criminal Offense in India

  • Aishwarya Singh
  • Show Author Details
  • Aishwarya Singh

    Student at KIIT School of Law, India

  • img Download Full Paper

Abstract

Matrimony is a hallowed pledge that not just ties two people, but two families, together. However, if this union is not freely chosen or the parties are not happy, things might go south. Our society is inclined towards a patriarchal system from the ancient times of hunting and gathering. So, it comes as a natural nature for men to display emotions of dominance. Looking around the globe, law and order has a huge role in prescribing and limiting standards for human conduct. Under the “Indian Penal Code, 1860,” the laws have been made and appropriate punishment for the same has been provided. But what most of the people fail to comprehend is that these laws were made by the British a long time ago. At that time Marital Rape was not considered a crime which can be one of the reasons why it was exempted under the penal laws. This research paper substantiates and focuses solely on evolution of the rights for women; mainly the effects of Marital Rape; and the reasons how it is in violation of the Constitution of India.

Type

Article

Information

International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 412 - 418

DOI: https://doij.org/10.10000/IJLMH.115794

Creative Commons

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.

Copyright

Copyright © IJLMH 2021