MARITAL RAPE: SHOULD OR SHOULD NOT BE CRIMINALISED?

Best Citation – HARSH CHOUBEY, MARITAL RAPE: SHOULD OR SHOULD NOT BE CRIMINALISED?, 2 IJLR 40, 2022

Abstract

Marital rape has become a concern that requires to be addressed immediately. It continues to strip women of their bodily autonomy and dignity within the four walls of their homes as we do not recognise it as a penal offence under the Indian Penal Code. The patriarchal outlook plagues the legislative authorities, and marriage is still considered a sacred institution that validates husbands to have sexual intercourse with their wives irrespective of their consent or willingness. This article discusses all the aspects of the issue of marital rape. In order to achieve the same, it analyses the relevant case authorities to substantiate the stance that the author takes in this article, i.e., the second exception to Section 375 of the Indian Penal Code should be struck down, thereby leading to recognition of marital rape as a penal offence. The global perspective on marital rape, with a primary focus on the UK, is also discussed to understand their rationale for striking down the marital rape exemption and to emphasise the changing trends in this domain.