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Other Volume 6 Issue 1 1302 - 1304 February 13, 2023

Marital Rape Laws in India

Lead author · Corresponding
Akankshya Kaushik Mishra
Student at Presidency University, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.114185
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.

Keywords Marital Rape
Type
Other
Information
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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CC BY-NC 4.0 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.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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