“BREAKING THE SILENCE: THE URGENT FOR CRIMINALIZING MARITAL RAPE”
AUTHOR – A.N. SIRISHA SWAMY, STUDENT AT CHRIST UNIVERSITY
BEST CITATION – A.N. SIRISHA SWAMY, BREAKING THE SILENCE: THE URGENT FOR CRIMINALIZING MARITAL RAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 367-371, APIS – 3920 – 0001 & ISSN – 2583-2344.
Introduction
In India’s complicated social fabric, where deep-rooted cultural mores meet complex legal frameworks, marital rape poses a tremendous problem at the junction of private morality and public law. Despite advances towards gender equality and increased awareness of gender-based violence, marital rape is still a controversial and sometimes disregarded problem in the Indian legal system. [1]Historically, the institution of marriage has been respected, with its sanctity often hiding heinous crimes like sexual assault under the guise of conjugal privileges and marital solitude. This research seeks to explore the complex interplay between entrenched cultural norms and India’s changing legal environment, with a particular emphasis on marital rape.[2] It investigates how these cultural and legal paradigms affect the identification and reaction to marital rape, raising serious concerns about the sufficiency of current laws and the tremendous effect that society institutions have on human rights and safety.
[1] Sankaran, M. V. (1978). THE MARITAL STATUS EXEMPTION IN RAPE. Journal of the Indian Law Institute, 20(4), 594–606. http://www.jstor.org/stable/43950556.
[2] Gangoli, G. (2011). Controlling women’s sexuality: rape law in India. In G. Gangoli & N. Westmarland (Eds.), International approaches to rape (1st ed., pp. 101–120). Bristol University Press. https://doi.org/10.2307/j.ctt9qgkd6.9*