MARITAL RAPE: A SHAME ON THE SOCIETY

AUTHOR – SHRISTHI VERMA, STUDENT AT INSTITUTE OF LAW, NIRMA UNIVERSITY

BEST CITATION – SHRISTHI VERMA, MARITAL RAPE: A SHAME ON THE SOCIETY, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 379-384, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2.

Abstract

“Silence does not mean yes. No can be thought and felt but never said. It can be screamed silently on the inside. It can be in the wordless stone of a clenched fist, or fingernails digging into a palm. Her lips were sealed. Her eyes closed. His body just taking, never asking, never taught to question silence” – Amy Reed, The Nowhere Girls

The research article: “Marital rape: A shame on society” mainly focuses on the question of why marital rape is still not criminalized in India, what conditions are given in the provisions of the Indian law that criminalizes marital rape, etc. The research article also focused on the doctrine of unity and its applicability in not criminalizing marital rape. The research article talks about marital rape criminalization in other countries and the reasons why India still did not criminalize marital rape. The reasons included were that people still perceive the matrimonial relationship as sacred and cannot be estranged, or interspousal relation doctrine, etc. The article also included the need for the criminalization of marital rape such as violation of fundamental rights like Article 14 and Article 21, etc., and what is the different judiciary opinions on the criminalization of marital rape. The article emphasizes the fact that “yes means yes” and “no means no” which explains that no person can be forced to do something against their will that also includes the wife not being involved in sexual intercourse with their husband if they don’t want it. The analytical and descriptive methodology is used for the research article. The article focused on statistics of marital rape in different countries, different countries’ laws, etc. At last, the judicial point of view is also a necessary consideration in understanding the need for the criminalizing of marital rape. Also, different agencies in work to criminalize marital rape.

Keywords The doctrine of Unity, Section 375, matrimonial relationship, interspousal relation doctrine, judiciary opinions, Rule 3B (a) of Medical Termination of Pregnancy Rules and common law system.