Marital Rape in India and its Constitutionality

Registration ID: IJNRD_181908

Published ID: IJNRD2206113

DOI: Click Here to Get

Dr. Rakesh Kumar , Neha

Constitutional validity, Culture, Marriage, Sacrament, , Marital Rape, Religious Society, Sexual Intercourse etc.

India is one of the most religiously and ethnically diverse nations in the world, with some of the most deeply religious society having various culture. Marriage is one of those culture. The definition of marriage varies widely by culture, religion and jurisdiction. Marriage, a legally and socially sanctioned union usually between man and woman that is regulated by laws, customs and beliefs that prescribe the rights and duties of the partners and accords status to their offspring. Marriage is a bond between two individuals which eventually give them legitimacy for sexual intercourse. It is believed to be right atmosphere to engage in sexual relations and to build a family life. During ancient India marriage was considered as a sacrament, it was a medium to bringing together two distinct halves man and woman. They were not two separate entities. But as many laws enacted it becomes a contract. Marriage is said to be valid if there is consent between two individuals. Under article 16 of United Declaration of Human Rights,1948 marriage shall be entered into only with free and full consent of the intending spouse. So here the question arises, consent exists for everything till the whole period of life or has any limit. To answer this question the paper has discussed status of Marital Rape in India and its Constitutional validity and historical background relating to status of women in India. We further discussed about a comparative analysis between laws in other countries and laws in India & advantages and disadvantages to criminalize the marital rape in India. The debatable point whether or not exception 2 of section 375 of Indian Penal Code should remain in statute. And particularly the investigation of question whether wife’s consent for sexual relations is required or not?

Published Paper   E-Certificate

Dr. Rakesh Kumar & Neha (June-2022). Marital Rape in India and its Constitutionality. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 7(6), 983-990. https://ijnrd.org/papers/IJNRD2206113.pdf

Volume 7 Issue 6, June-2022

Pages : 983-990

Paper Reg. ID: IJNRD_181908

Published Paper Id: IJNRD2206113

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Research Area: Engineering

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Published Paper PDF: https://ijnrd.org/papers/IJNRD2206113.pdf

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Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

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