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Research Article | Open Access
Volume 14 2022 | None
Time to criminalise marital rape : An Analytical study in India
Ms. Mahima Sharma, Dr. Mandeep
Pages: 8012-8017
Abstract
“I say nothing, not one word, from beginning to end, and neither does he. If it were lawful for a woman to hate her husband, I would hate him as a rapist.”- Philippa Gregory,The Red Queen In Indian Marriage System Marriages are between two families, rather two individuals. Indian Society and Indian legislation attempt to protect marriage. Indian society is patriarchal one and women having a passive role and husband an active dominating role. The primary duty of the woman is to be loyal to the husband. After marriage, husband and relatives control all outside relationships .For a woman her husband is as God and follows him blindly even it is totally against her will. She has no right to speak about her right and her will. She should keep herself behind the four walls of the house. Time change women educate herself work in modern organizations but the situation of women is same. She is still a toy of her husband with which he can play anytime when he wants to play. Under the four walls of her home she is again and again raped by her husband as he has license to rape her body or soul. Marital Rape is very common thing in India because it is not a rape at all. This paper focus on the immediate need is criminalization of marital rape under the Indian Penal Code. The object of the paper is to evaluate various judicial responses related to marital rape.
Keywords
Indian society, Marital Rape, Indian Penal Code, Criminalization
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