• IJJS

Marital Rape: Feeding the mentality of sexual violence against women

Author: Rashmita Savia Monserrate, Student, V.M.Salgaocar College of Law, Goa, India

Abstract

The question of Criminalization of marital rape has been argued upon for a very long time. However, even with several arguments in favour of criminalization, the same has not yet been criminalized. In this paper, I want to research the impact marital rape has on a very important issue that has been condemned by the law – ‘Sexual violence against women’ and how the law still allows for marital rape and hides it behind the curtains of ‘sacred social institution.’ I also further want to research how the world’s safest countries for women have criminalized and enforced marital rape laws; while countries deemed to be the most dangerous for women have either not criminalized marital rape or enforced the criminalization, thus, feeding the mentality of sexual violence against women.

In the Introduction, I have discussed how women have been and still are being belittled in India. Under the heading ‘Marital rape is rape’, I have discussed how Marital rape amounts to rape just like when it is committed outside marriage and shouldn’t be excluded under the IPC,1860. Further, under the heading ‘Marital rape feeds sexual violence’ I have dealt with the statistics and survey data on how Marital rape feeds sexual violence in a marital home damaging and affecting the well-being of women. Under the heading ‘International Scenario’, I have done a comparative study between the countries deemed to be safer for women as compared to countries like India that have been considered to be relatively dangerous. In the last section, I have dealt with suggestions and the law relating to marital rape at present. This research paper will follow the Doctrinal and Empirical legal research methods.

Keywords: Marital Rape, Sexual Violence, Human Rights, International Laws.

Download Full Paper

Research Paper
.pdf
Download PDF • 448KB

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.