Volume 18, No. 6, 2021


Ms. Aditi Tyagi , Dr. Namita Jain


This seminar paper is the work to study the legal and psychological aspect of marital rape in India. As we know, rape is a very heinous crime against the body of a woman, and reputation is considered as one of the most important asset and richest jewel of a woman. No one have the authority to extinguish it as there is no compromise in such situations. But in India to have sexual intercourse even without the consent of wife is no crime. As in our country, this is treated as the right of the husband which he acquired at the time of marriage. The concept of marital rape is out of the purview of our criminal law, but in most of the countries marital rape is a crime. Marital rape is terrible as well as dreadful form of violence which generally takes place within savage relationships. This paper also tries to highlights the seriousness of marital rape and how the societal influences make marital rape okay. Along with this it also mentions effects of marital rape on victim and societal views in respect of marital rape. With the help of case law paper also tried to put the view point of Judges regarding marital rape. This paper points out how Exception 2 of Section 375 violates Article 14 and 21 of Indian Constitution as it distinguishes married and unmarried woman which is completely arbitrary and discriminatory. Also there are certain arguments which are generally raised in support of marital rape exception. Basically the main purpose of myseminar paper is to make a case for criminalisation of the marital rape. So our analysis of this paper is based on Constitutional law, criminal law and family law. We know that the offence of marital rape occurs within the personal sphere but in some kind it is the duty of the State to penetrate through this personal sphere. If the State does not do so, then a woman has left no remedy when raped in that private sphere by her husband.

Pages: 2447-2453

Keywords: Marital rape is described as having sexual intercourse with his wife without her consent. It is a form of sexual abuse or domestic abuse.

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