Marital Rape Laws in India

  • Akankshya Kaushik Mishra
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  • Akankshya Kaushik Mishra

    Student at Presidency University, India

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Abstract

Marital rape is considered illegal in many countries. In India it is yet to be considered illegal, there is a need to understand the importance of criminalization of marital rape. There were many progressive changes in the rape laws of India, but it is yet to implement laws relating to marital rape. The main problem lies with the fact that sexual intercourse by the husband on the wife is treated as an exception in the Indian Penal Code, which affects women who are married, under which their consent is not taken into consideration. In 2012 it was recommended to criminalize marital rape by a judicial committee, in response to this recommendation The parliament claimed that the criminalization of marital rape will put families under a lot of stress, and in return, the family system may get affected. Political leaders claim that this law will destroy marriages and create absolute anarchy in families. 52 countries around the world have criminalized marital rape. Marital rape laws will allow women and men to give importance to sexual consent. Making marital rape illegal will not only make changes in the law but also change the fixed mindset of people that Women are property we transfer from their fathers to their husbands, It makes people more educated about sexual consent and this leads to the betterment of women in society.

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International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1302 - 1304

DOI: https://doij.org/10.10000/IJLMH.114185

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