Rape: Under the Nuptial Knot

  • Jyoti and Shivam Kumar
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  • Jyoti

    Student at ICFAI Law School, India

  • Shivam Kumar

    Student at Chanderprabhu Jain College of Higher Studies & School of Law(GGS IPU), India

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The renowned poet Rabindranath Tagore has expressed his views on the plight of women as: "O lord why have you not given women the right to conquer her destiny? Why does she have to wait head bowed? By the roadside, waiting with tired, patience hoping for a miracle in the morrow?" The rights of women are always bowed deep down in search of their destiny. Rape per se is an offence against the dignity of women and when it comes to the marital rape i.e. rape within the four walls reduces the status of women to a mere object for the sexual pleasure. Under Indian Penal Code section 375 prohibits Sexual intercourse by a man with his own wife, the wife not being under 18 years of age, is not Rape. Thus provided as when the couple is wedded, it is totally lawful for men to assault a woman in India. . Rape becomes one of the most heinous and barbaric acts ever committed only against woman. It is an act that destroys a woman's personal bodily and emotional equilibrium and turns her to a sociopathic killer. In the instance of women who is Raped by her husband, the seriousness of the transgression and the impact of this brutality are amplified. Sexual assault was not feasible within that marriage whereas a man can do whatever to his spouse considered as his property. In many other states and countries, rape was defined as a violent crime committed against the woman's husband and father, rather than the woman herself. In light of this, the notion that a woman (wife) must have sex with her husband regardless of her will, consent, health, or other factors is unthinkable in a civilized society. As a result, the concept of marital exemption has no rationale or validity in today's world. True, criminalizing marital rape in India will not solve the problem, but it is a significant step toward improving women's experiences with sexual abuse in marriage. It is past time for the concept of "rape is rape, regardless of the relationship between the parties" to be adopted.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 4941 - 4950

DOI: https://doij.org/10.10000/IJLMH.111099

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