Abstract

Marital rape, or spousal rape, refers to non-consensual sexual intercourse by a male, frequently identified as a manifestation of domestic violence and sexual abuse. Historically seen as a moral obligation, it is now predominantly classified as rape in several nations. The spouse may employ physical coercion, threats, or insinuated violence, instilling dread of violent retribution in the lady should she oppose him. Research indicates that women endure profound trauma and physical harm due to rape, resulting in diminished confidence in others and significant mental turmoil. Certain women persist in abusive marriages out of fear of violence or concern for their children, underscoring the subservient and compliant roles women occupy in patriarchal countries. Despite recognizing the accomplishments of over 79 years of independence, several elements and deficiencies in the Act render it erroneous or inappropriate. Women in our nation persist in experiencing oppression and fear from their counterparts, and they remain inadequately independent. Ironically, women in our country are not shown sufficient respect or dignity, despite our national celebration of historic verdicts such as Triple Talaq and other landmark cases. The notion of marital rape exemplifies implied consent, as women are perceived to have granted automatic consent upon marriage, hence allowing their husbands unlimited rights to invade their privacy and bodies. India lacks specific legislation addressing marital rape. The government refrains from enforcing stringent rape laws, apprehensive that it may undermine the institution of marriage and erode its values. Justice J.S. Verma has established a committee to examine marital rape legislation, contending that marriage should not serve as a defence against rape and advocating for the elimination of the exemption. The necessity for marital rape legislation is imperative, as it erodes the fundamental principles of marriage, allowing males to engage in non-consensual intercourse without accountability, hence presuming the woman's permission.

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