CRITICAL ANALYSIS : LEGAL FRAMEWORK OF RAPE PROVISION IN INDIA
AUTHOR – JERLINE* & HEMAVATHY D**
* STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW
** PROFESOR AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW
BEST CITATION – JERLINE & HEMAVATHY D, CRITICAL ANALYSIS : LEGAL FRAMEWORK OF RAPE PROVISION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 437-447, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The aim of this paper is to examine legal framework in india related to rape are essential to uphold human dignity and addressing significant issues surrounding consent and gender equality in martial rape .In section 63 reflects outdated patriarchal norms,which can perpetuate societal norms ,that diminish women’s dignity .This is contrary to contemporary understanding of human rights and gender equality. The anti rape laws still have to bring major amendment because there is brutal cases still happening in india .In recent the 31 year old women trainee doctor rape and murdered in RG kar medical college and hospital .”The entire procedure followed by your state is something which I have not come across in the 30 years of my life “, justice pardiwala said during the hearing .In December 11 2017 ,40 year old man who allegly indulged in brutal unnatural sex with his wife which eventually lead to her death the chattisgarh high court acquits a man of martial rape charges .”it is quite clear that if the wife is not below 15 years of age, then any sexual intercourse or sexual act by the husband with his wife cannot termed as rape. As such, the absence of consent of the wife for an unnatural act loses its importance ,” held justice Vyas. According to recent government survey ,32%of married women face physical ,sexual or emotional violence by their husbands and 82% of married women ,aged18-49,who have experienced sexual violence said their current husbands were the perpetators. The government need to review the legal framework related to rape and martial rape to protect women from harmful act and also to protect their diginity. After Nirbhaya case of 2012 expanding the definition of rape include digital rape under section 63 of BNS . The government need to bring specific legislation of digitial rape . The findings indicate a notable increase in reported cases and persistent challenges in implementation ,such as forensic evidence collection and social stigma.This paper concludes with recommendation for legal and societal reforms to enhance the protection and support for victims of rape and martial rape in india. Keywords: Rape, gender equality, martial rape ,digital rape, judicial approach, legal evolution