Marital Rape: Rape in a Social Language

  • Saumya and Garima
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  • Saumya

    Student at Manipal University, Jaipur, India

  • Garima

    Student at Manipal University, Jaipur, India

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When it comes to marital rape then the current legal situation will be taken into notice. Evolution of Indian Criminal Law began from legal system of Britishers then to UK and then it was adopted in adoption in The Indian Penal Code of 1860 drafted by Macaulay that keeps it (IPC). Recent legislation has aimed to promote rights of women to escape from domestic violence (PWDVA) and such acts are named as the Protection of Women from Domestic Abuse Act of 2005. After checking on the history of legal responses of India, this paper will dig into the question that how Indian culture predicted claims on patriarchy. Before making argument that if immunogenicity should be abolished or not, this paper focuses on the basics of concepts and theory of legal system, bringing assertions from our law of land that is Indian constitution and Bill of Rights. I am being sexually abused by my husband on daily basis. Even on my periods, he forces himself upon me every single day. Even when I was having his child in my womb, he did not have mercy on me until the baby was born. Today, India's 'rape culture' has received a lot of attention in the international media. The Delhi gang rape of 2012 ,which aroused international anger and brought a lot of attention to India's archaic laws that failed to protect women from sexual assault, is one of the most recent issues. Among the variety of issues surrounding sexual assault in India, one important but unresolved issue is the judicial system's continued acknowledgment of men who sexually abuse their wives with the legal immunity that is provided by our country itself. In India, marital rape is defined as "unwanted intercourse by a man on his wife, gained by force or threat of force, or physical assault, or when she is unable to provide consent," according to the current legal definition given below . While many countries have repealed the immunity of rape by husband in response to demands for gender equality and shifting societal standards, observers have raised worry that India remains stuck in a 'time capsule,' clinging to the immunity so as to save the holy institution of marriage.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1056 - 1070


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