SEXUAL VIOLENCE IN PRIVATE: MARITAL RAPE IN INDIA “A LICENSED CRIME”

Yasir Pathan

doi:10.55662/

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Yasir Pathan 3rd Year Student of Maharashtra National Law University, Aurangabad, Maharashtra, India Author

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DOI:

https://doi.org/10.55662/

Abstract

The demands for criminalization of marital rape in the recent past have evoked polarized responses in the community. The idea of marital rape has been neglected for quite a long time due to the philosophy that advances men reserve the option to regard their spouses as they wish and the wife must give her significant other every one of his requirements. Today with the progressions and advancements in the ideas of marriage, the expansion in the consciousness of the general public and the comprehension of the thought of brutality against ladies; it has been perceived that sex ought to be commonly wanted by the two players of the wedded couple. The dignity of an individual, sexual autonomy, institution of marriage and respect to the theories of criminalization has been identified as the key policy considerations. This paper is in furtherance of the argument that unmindful enactment of criminal law results in over-criminalization. The other important aspect which is and needs to be considered before undertaking the question of criminalization is to understand the ‘judicial pulse’. The precedents and the mindset of judges are crucial in determining the efficacy of the law. The paper discuss how judiciary is tasked with the implementation of law and therefore, in order to predict, how judiciary will react to criminalization of marital rape, an attempt has been made to decide the judicial approach in understanding existing rape laws. Based on judicial attitude, policy considerations and existing legislative framework to deal with rape offences, this chapter present the challenges and prospects in criminalizing marital rape in India.

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