This paper is published in Volume-10, Issue-6, 2024
Area
Law
Author
Seerat Khanna
Org/Univ
St. Xaviers High School, Gurgaon, Haryana, India
Pub. Date
09 December, 2024
Paper ID
V10I6-1359
Publisher
Keywords
Rape, Specific Circumstances, Consent, Sanctity of Family, Sacred Bond of Marriage

Citationsacebook

IEEE
Seerat Khanna. Marital Rape in India: The Intersection of Law, Society, and Structural Inequality, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJARIIT.com.

APA
Seerat Khanna (2024). Marital Rape in India: The Intersection of Law, Society, and Structural Inequality. International Journal of Advance Research, Ideas and Innovations in Technology, 10(6) www.IJARIIT.com.

MLA
Seerat Khanna. "Marital Rape in India: The Intersection of Law, Society, and Structural Inequality." International Journal of Advance Research, Ideas and Innovations in Technology 10.6 (2024). www.IJARIIT.com.

Abstract

Rape is a serious crime which violates the body and spirit of the victim. Marital rape remains an issue in India where the legal framework fails to protect women from the physical, emotional, and psychological trauma attempted by the husband. After the Nirbhaya Case, there was a lot of media attention on the topic of rape which further led to the implementation of the Criminal Law (Amendment) Act, of 2013. But marital rape is still a problem as the law states specific circumstances in which the husband can be held accountable for committing the crime of raping his wife without consent. This research paper aims to explore and elaborate on the legal framework in place to protect women from the horrific crime of spousal rape. For example how the constitution has laws that contradict themself, how the sacred bond of marriage and the sanctity of the family is more important than a woman facing abuse from her husband, how the law undermines marital rape reports and lets the perpetrator (husband) walk off free, how rape affects a women's body and mind. This paper will answer all these questions and also aim to unfold all the harsh realities that many women in India face every day in the name of marital rape.