Paper Title
Laws on Marital Rape in India- A Critical Analysis
Article Identifiers
Authors
Apoorva Jaiswal
Keywords
Rape, Marital rape, Critical Analysis of marital rape laws, laws on marital rape
Abstract
“That night our husbands took us quickly… They took us flat on our backs on the bare floor of the Minute Motel… They took us in the best hotels… They took us for granted and assumed we would do for them whatever it was we were told. Please turn towards the wall and drop down on your hands and knees… They took us violently with their fists, whenever we tried to resist. They took us even though we bit them… They took us as we stared up blankly at the ceiling and waited for it to be over, Not realizing that it would not be over for years.”- Julie Otsuka, The Buddha in the Attic The stereotypical notion that marriage is sacrosanct and a wife is duty bound to please her husband so her consent to sexual intercourse is impliedly deemed to be given, has been a huge barrier due to which marital rape has still not been considered as a crime in India. This research paper deals with marital rape in depth and talks about the concept of marital rape, what was the position in the past and what is the present position in India, the position of marital rape in USA and UK and the stand of judiciary regarding the issue whether marital rape should be recognized as a crime or not. Furthermore, this research paper critically analyses the laws on marital rape in India which creates a difference between married and unmarried woman thereby violating article 14 and 21 of the Indian Constitution and also states the lacunae and suggestion for improvement.
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How To Cite (APA)
Apoorva Jaiswal (June-2023). Laws on Marital Rape in India- A Critical Analysis. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(6), c208-c239. https://ijnrd.org/papers/IJNRD2306226.pdf
Issue
Volume 8 Issue 6, June-2023
Pages : c208-c239
Other Publication Details
Paper Reg. ID: IJNRD_197956
Published Paper Id: IJNRD2306226
Downloads: 000121977
Research Area: Other
Country: Allahabad (Prayagraj), Uttar Pradesh, India
Published Paper PDF: https://ijnrd.org/papers/IJNRD2306226.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2306226
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This work is licensed under a Creative Commons Attribution 4.0 International License and The Open Definition
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