Marital Rapes in India Disharmony between Laws and Fundamental Rights

  • Tej Bahadur
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  • Tej Bahadur

    Research Scholar at Bennett University, India

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Marriage is a union between a man and a woman for love and respect. It has great cultural and societal importance and is considered a basis for the formation of a civilized society. However, its importance and relevance diminish when the husband treats this relationship as a license for sex. Marriage does not authorize the husband to commit an act that is similar to the offence of rape with his wife. This research paper focuses on the issue of marital rape in India. It explains that laws that are connected to the act of marital rape directly or indirectly and would try to show how these laws are not only inconsistent with the other local laws but also violates the fundamental rights provided under the Constitution. The paper discusses Exception 2 of Section 375 of the Indian Penal Code,1860, and its insufficiency to counter the act of marital rape and how it is not in accordance with the Constitutional principles. This paper also examines Sec.376B of the Indian Penal Code, 1860 in the context of marital rapes. It further analyzes some provisions of the Domestic Violence Act, 2005 which provides statutory protection in the form of remedies of the civil nature to victims of domestic abuse. Such domestic abuse implies the act of marital rape. After exploring various laws this paper finally analyzes the split verdict in the judgment of RIT Foundation v. UOI which is related to marital rapes in India.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 2629 - 2638


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