Open Access Research Article

MARITAL RAPE IN THE REPUBLIC OF INDIA

Author(s):
NITIN RAJ KASHISH KUMARI
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

Marital rape, meaning sexual intercourse or sexual acts by a spouse without the other’s free and voluntary consent, remains an under-recognised form of gender-based violence in India. Under Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023, non-consensual intercourse by a man with his adult wife is excluded from the definition of rape. This raises serious questions about equality before the law, dignity and bodily autonomy, and about how far marital status should shape the legal recognition of sexual violence. This study looks at marital rape from legal, psychological, criminological, jurisprudential and comparative angles. It uses a mixed-methods approach: surveys of women and men across age groups and marital status, a small number of in-depth conversations with survivors, a review of psychological literature, consultations with psychologists and psychiatrists, and a study of legal principles and of countries that have criminalised marital rape. It gives particular attention to survivors’ psychological harm and to the concerns that surround criminalisation: misuse, proving consent in private, and the line between non-consensual and agreed sexual practices. It proposes removing the marital exception, defining consent clearly, proportionate punishment, procedural safeguards, training for police and judges, survivor support and public awareness. Its central argument is that marriage cannot be treated as permanent or unconditional consent, and that fear of misuse calls for careful drafting, not continued immunity.

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Author Details

Authors: NITIN RAJ & KASHISH KUMARIRegistration ID: 1013487 | Published Paper ID: IJLRA13487 & IJLRA13488Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2758-2781

Article Information

MARITAL RAPE IN THE REPUBLIC OF INDIA

Authors: NITIN RAJ, KASHISH KUMARI

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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