UNVEILING THE SHADOWS: A COMPREHENSIVE STUDY ON MARITAL RAPE, LEGAL FRAMEWORKS,AND GENDER-BASED VIOLENCE IN INDIA
AUTHOR – RAVEENA KP, STUDENT AT CHRIST DEEMED TO BE UNIVERSITY
BEST CITATION – RAVEENA KP, UNVEILING THE SHADOWS: A COMPREHENSIVE STUDY ON MARITAL RAPE, LEGAL FRAMEWORKS, AND GENDER-BASED VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 491-497, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract:
Marital rape, a form of sexual violence within the confines of marriage, remains a contentious issue globally, with varying legal frameworks and societal attitudes shaping its recognition and criminalization. This research paper delves into the complex dynamics of marital rape, exploring the concept within the broader context of rape laws, societal norms, and gender dynamics. The study focuses primarily on the Indian legal landscape, examining the provisions of the Indian Penal Code, the Protection of Women from Domestic Violence Act, and relevant marriage laws to understand the treatment of marital rape within the country.
The paper begins by elucidating the historical and societal perceptions that have perpetuated the notion of women as property and homemakers, leading to the normalization of marital rape and the denial of women’s autonomy and consent within marriage. It highlights the inherent injustice and violation of personal liberty that marital rape entails, emphasizing the urgent need for legal recognition and criminalization of this form of violence.
In India, the legal framework surrounding marital rape is complex and inadequate, as highlighted by the provisions of the Indian Penal Code that exempt non-consensual sexual intercourse within marriage from the definition of rape. The study delves into the intricacies of Section 375 and Section 376 of the IPC, shedding light on the loopholes that allow for the impunity of perpetrators of marital rape. Additionally, the paper explores the implications of the Protection of Women from Domestic Violence Act, which recognizes marital rape as a form of domestic violence and provides avenues for legal recourse for survivors.
Furthermore, the research paper delves into the intersection of fundamental rights, privacy, and dignity within the context of marital rape, drawing on landmark judgments by the Supreme Court of India that underscore the violation of Article 21 rights through acts of rape. It emphasizes the need for a paradigm shift in societal attitudes towards marital rape, recognizing it not merely as a moral wrong but as a criminal offense that warrants legal redress and punitive action.
The study also delves into the age of consent for marriage under Hindu and Muslim marriage laws, highlighting the disparities and implications of age requirements on the vulnerability of women to marital rape. It underscores the importance of consent within marriage and challenges the archaic notions that equate marriage with automatic consent to sexual intercourse.
Moreover, the paper delves into the prevalence of domestic violence and rape in India, citing statistics from the National Crime Records Bureau reports to underscore the pervasive nature of gender-based violence in the country. It underscores the urgent need for legislative reforms, societal awareness, and support services to combat marital rape effectively and ensure the protection of women’s rights and dignity. In conclusion, the research paper advocates for the criminalization of marital rape, emphasizing the imperative of legal reforms, societal change, and survivor-centric support mechanisms to address this insidious form of violence. It calls for a holistic approach that recognizes women’s autonomy, bodily integrity, and right to live free from violence within the institution of marriage. By shedding light on the complexities and challenges surrounding marital rape, this study aims to contribute to the discourse on gender-based violence and advocate for a more just and equitable society for all.