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Marriage or Ownership?: The Constitutional Crisis of Marital Rape in India
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Pooja P
Student at Christ (Deemed to be University) Pune, Lavasa, India.
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Anupama P J
Student at Christ (Deemed to be University) Pune, Lavasa, India.
Abstract
Regardless of its legally unaddressed status in India the matrimonial rape exemption both in the Indian Penal Code (IPC) and Bharatiya Nyaya Sanhita (BNS) denies fundamental rights to married women. The article investigates how this exemption from prosecution under the Indian Penal Code and Bharatiya Nyaya Sanhita faces constitutional difficulties because it breaches Articles 14, 15, 19 and 21 of the Indian Constitution. Instances of marital rape demonstrate the strength of patriarchal norms within society through an assessment of judicial views and government positions and public opinions. International legal frameworks show how different countries successfully blocked marital rape to ensure protection for women who are married. This paper investigates legal reforms and public awareness strategies as well as policy solutions which are vital to break down deep-seated gender prejudices before implementing rights-based marital rape remedies. This research demands immediate legislative action along with court awareness about gender equality as well as extensive support systems to protect the autonomy and rights of married women in India.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 890 - 903
DOI: https://doij.org/10.10000/IJLMH.119154Creative Commons
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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