MARITAL RAPE & ITS IMPACT ON THE INDIAN SOCIETY.

MARITAL RAPE

Submitted by:

TEJAS, (2855)

B.B.A. LL .B (Hons.)

Submitted to:

MR. VIJAYANT SINHA

FACULTY OF LEGAL METHODS AND RESEARCH METHODOLOGY

This rough draft is submitted in partial fulfilment of project in Legal Method &
Research Methodology.

September 2022

Chanakya National Law University, Patna

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 MARITAL RAPE & ITS IMPACT ON THE INDIAN SOCIETY.

INTRODUCTION
Marital rape or spousal rape is the act of sexual intercourse with one’s spouse without the
consent. Despite the fact that India has celebrated its 75 th year of independence, women in the
country are still neglected and are not genuinely free and independent. Rape is an offence
against women that violates her dignity and self-respect, and it lowers the woman to the
position of an abject used primarily for sexual enjoyment when it occurs within the four walls
of a married woman. Marriage is considered as a sacred social institution in the society and
the sexual relationship is the most distinctive element of that relationship. But marriage has
now become the license to rape. The concept of marital rape has been injected in our society
in a very negative way, many men in our society consider that marital rape as a privilege
given to them to dominate their wife to seek sexual pleasure, and by using immunity the men
in our society abuses their wives both physically as well as mentally. The main issue faced by
the women is that they have to be dependent upon the earnings of her husband for her
livelihood so the affected women won’t be able to raise her voice against the crime. This
gives an upper hand for the husband to continue the mistreatment towards his wife. Marital
rape is violative of Article 14 as well as Article 21 of the Indian constitution but the state has
yet failed to criminalise Marital rape. Section 375 defines rape and lists seven conceptions of
consent which if deprave, would set up the offence of rape by a man. However the provision
contains a crucial exemption: “Sexual intercourse by a man with his wife, and if the wife not
being under 18 years of age, is not Rape. This exemption fundamentally allows a marital
right to a husband who can legal sanctions exercise his right to consensual or non-consensual
sex with his wife. In many countries marital rape is a punishable offence. However, as of
2022, as many as 32 countries have decriminalised marital rape. Beside India this list
includes Bangladesh, China, Haiti, Laos, Mali, Myanmar, Senegal, Afghanistan, Tajikistan,
Lebanon, Malaysia, Singapore, Egypt, Libya, Oman, Yemen & Kuwait etc.

AIMS AND OBJECTIVE

The primary aim of this study is to study about Marital Rape in India and laws related to it.
Furthermore, with the help of this study, the researcher aims to:

 Study the meaning of Marital rape.

 Study the condition of Marital rape in different countries.
 Study the legislative enactments related to Marital rape.

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 MARITAL RAPE & ITS IMPACT ON THE INDIAN SOCIETY.

RESEARCH QUESTIONS

1. What does Marital Rape means?

2. Impact of Marital rape physical as well as mental?
3. Why marital rape is being not criminalised yet in India?

HYPOTHESIS

In spite of various petition made in High courts as well as Supreme court Marital rape is yet
not been criminalised and is still prevalent in many parts of India.

RESEARCH METHODOLOGY

The method of this research will be doctrinal research. The study is based on both primary as
well as secondary sources of data collection. Primary sources includes the statutes and case
laws, whereas secondary sources includes books, journals, articles, web resources etc.

TENTATIVE CHAPTERISATION:

 Marital rape - Meaning

 Impact of marital rape in our society.
 Constitutional validity of Marital rape.
 Failure of the state to criminalise Marital rape.
 International law related to Marital rape.
 Conclusion
 Suggestion
 Bibliography