Abstract

Marital Rape is a form of sexual violence that occurs when a husband forces his wife to have sexual intercourse against her will. This is not only a physical violence, but also affects women psychologically, mentally, as well as foster fear in them. Marriage which is considered as a sacrament under Hindu Jurisprudence is losing its importance in the 21st century. Infact Marital Rape ends the relationship between the two souls. Marital Rape is also a kind of Domestic Violence, but unfortunately it is not considered as offence as exception 2 of section 375 IPC or exception 2 of section 63 of BNS grants immunity to husbands. In the new criminal law that is BNS Marital rape is retained, although age limit is increased that is 18 years. Presently, the case regarding constitutionality of Marital Rape is pending in supreme court. It is need of hour that marital rape should be criminalized.

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