Marital Rape Beyond Boundaries: Decoding Its Criminalization in India

Abstract

The criminalization of marital rape is a contentious issue worldwide, and India is no exception. In recent years, there has been growing awareness of the prevalence and harm of marital rape, leading to calls for its criminalization. However, India's legal framework remains ambiguous on the issue, with marital rape being exempt from prosecution under certain circumstances. This article explores the historical, cultural, and legal factors that have contributed to the lack of criminalization of marital rape in India. It delves into the social and patriarchal norms that perpetuate the acceptance of nonconsensual sexual activity within marriage and the challenges faced by survivors in reporting and seeking justice for these crimes. This article also analyzes the legal framework surrounding marital rape in India, including relevant case law and statutory provisions. It examines the arguments for and against criminalizing marital rape and explores potential solutions to this complex issue. Ultimately, this article also highlights the urgent need to address the alternatives available to the criminalization of marital rape in India for a speedy recourse and calls for a shift in societal attitudes towards consent and gender equality. It advocates for a victim-centric approach to addressing marital rape and emphasizes the importance of survivor's agency and autonomy in seeking justice.