• IJJS

Marital Rape: An Introspection

Authors: Gaurav Goyal and Anand Kamal, Students, Symbiosis Law School, Noida, India

Abstract

The common acceptance of the proposition that marriage can be justification to rape is as much disturbing as it is paradoxical to the efforts put in the recent legislative amendments and judicial pronouncements to effectuate the deterrence against the sexual offences more rigorously. This paper has tried to establish that any justification as to why Marital Rape should not be criminalized holds no ground and are in stark contradiction to the fundamental Human rights of the married women. It took notice of several reports, judicial pronouncements and even the recommendations of the law commission reports that votes for the fact that marital rape should no further be an exception to rape as this very idea is violating the basic tenet of the criminal law by presuming the consent for sexual intercourse by marriage. The paper also ventures into several international conventions and framework that had led to the criminalisation of the marital rape in some of the jurisdictions of the world, giving a perspective that why it’s the high time that India too should consider and accept the idea in furtherance of the protecting the rights of the married women.


Keywords: Marital rape, Sexual Abuse, Crime.

Download Full Paper

Research Paper
.pdf
Download PDF • 392KB

Recent Posts

See All

The Dark World of cyber world

Author: Praveen Kumar Ravani, Student, Lloyd Law College, Greater Noida, India ABSTRACT The widely used social media brought a revolution not only in India but also all across the world. The tremendou

Doctrine of Notional Extension:

Outcome of Judicial Interpretation of a Loophole in the Employee’s Compensation Act, 1923 Author: Komal Singh, Student, NMIMS, KPM, School of Law, Mumbai, India ABSTRACT In this article, the Researche

Cyber Crimes Against Women In Delhi

Author: Dr.Sulakshana Banerjee Mukherjee, Ph.D, LL.M(Gold Medalist), LL.B (Gold Medalist), Assistant Professor of Law, Ansal University, Gurugram, India ABSTRACT Information technology has extended in

Subscribe Now

Get in Touch

© 2020 Indian Journal of Jurisprudential Studies. All Rights Reserved.