Marital Rape: Legal And Social Perspective

Year : 2024 | Volume :01 | Issue : 01 | Page : 13-16
By

Aditya Porwal

  1. Student Maharashtra National Law University Maharashtra India

Abstract

Worldwide, marital rape continues to be a prevalent form of sexual assault and domestic violence, defying growing international condemnation and awareness. Feminist ideologies serve as the foundation for this pervasive affliction, which rips apart victims’ trust and stifles their relationships. Gender inequality continues to be prevalent in India, a country where societal norms and legal frameworks frequently fall behind. As opposed to popular belief, matrimony does not confer authorization to commit rape. Legal reforms and societal discourse must commence immediately in order to establish marital rape as a serious transgression and guarantee retribution for those who have been victimized. Advocates for consent and gender equality in matrimony must do more to prevent marital rape and advance the rights of women worldwide. In regions such as India, where gender inequality remains deeply ingrained and societal norms often lag behind legal frameworks, marital rape persists unabated. It’s crucial to dispel misconceptions: marriage does not condone sexual violence. Swift legal reforms and active societal discussions are essential to acknowledge marital rape as a serious crime and ensure justice for survivors. Advocates for consent and gender equality within marriage must intensify their efforts to combat marital rape and defend women’s rights globally. By prioritizing education, advocacy, and policy adjustments, societies can strive towards eradicating this egregious violation of human rights, fostering healthier and more equitable relationships for all.

Keywords: Domestic violence, Sexual assault, Gender inequality, Intimate relationships, Women’s rights, Trust.

[This article belongs to Recent Trends in Social Studies(rtss)]

How to cite this article: Aditya Porwal. Marital Rape: Legal And Social Perspective. Recent Trends in Social Studies. 2024; 01(01):13-16.
How to cite this URL: Aditya Porwal. Marital Rape: Legal And Social Perspective. Recent Trends in Social Studies. 2024; 01(01):13-16. Available from: https://journals.stmjournals.com/rtss/article=2024/view=144854




References

  1. CAMBELL JC, Alford P. The dark consequences of marital rape. AJN The American Journal of Nursing. 1989 Jul 1;89(7):946-9.
  2. Heilman B, Hebert L, Paul-Gera N. The Making of Sexual Violence: How Does a Boy Grow Up to Commit Rape? Evidence from Five IMAGES Countries. Washington, DC: International Center for Research on Women (ICRW).
  3. Iips IC. National Family Health Survey (NFHS-5): 2019-21 India. Mumbai: International Institute for Population Sciences (IIPS). 2021
  4. Devastatingly pervasive: 1 in 3 women globally experience violence, WHO (9 March 2021),
  5. Nigam S. The social and legal paradox relating to marital rape in India: addressing structural inequalities. Available at SSRN 2613447. 2015 Jun 2.
  6. Banerjee D, Rao TS. The dark shadow of marital rape: Need to change the narrative. Journal of psychosexual health. 2022 Jan;4(1):11-3.
  7. Dhiman A, Bhamra MP. Changing Dimensions of Criminal Law Edition II. Ashok Yakkaldevi; 2022 Feb 4.
  8. Nigam S. Understanding Justice Delivery System from the Perspective of Women Litigants as Victims of Domestic Violence in India (Specifically in the Context of Section 498-A, IPC). Nigam Shalu (2005) Understanding Justice Delivery System From The Perspective of Women Litigants as Victims of Domestic Violence in India (Specifically in the Context of Section 498-A IPC), Occasional Paper. 2005 Apr 23(35).
  9. Lazarus-Black M. Everyday harm: Domestic violence, court rites, and cultures of reconciliation. University of Illinois Press; 2024 Feb 12.
  10. The Law Commission of India (1980) 84th Report on Law of Rape New Delhi: The Union of India Press
  11. The Law Commission of India (2000) 172nd Report on the Review of Rape Laws, New Delhi: the Union of India Press
  12. Mehta S. Rape law in India: Problems in prosecution due to loopholes in the law. Available at SSRN 2250448. 2013 Apr 13.
  13. Bajpai S, Singh KK. Marital Rape and Legal Framework in India: A Critical Legal Analysis. Supremo Amicus. 2020;22:54

Regular Issue Subscription Review Article
Volume 01
Issue 01
Received April 9, 2024
Accepted April 22, 2024
Published May 2, 2024