NON- CONSENSUAL SEXUAL INTERCOURSE WITHIN MARRIAGE IN INDIA AND THE UNITED STATES: A COMPARATIVE STUDY

Abstract

The majority of times, non-consenual sexual intercourse within marriage go unreported as sexual assault. i.e., an unintentional rape of the wife by the husband. It is not about marriage, tradition, or culture; rather, it is about the absence of permission and willingness. Non-consensual intercourse does not include sexual encounters; rather, it involves aggression and cruelty toward his wife. Rape should be outlawed and punished whenever, wherever, and with whomever it occurs because it is still rape whether it involves married or unmarried women. More than just a physical connection, marriage signifies the beginning of a new family. It also represents an emotional relationship between the couples. "Marital rape" or "spousal rape" is defined as "the forceful and non-consensual sexual intercourse by a husband with his wife." It has had extremely negative physical and psychological effects on spouses and is not only about sex but also about sexual assault and cruelty. Comparatively, Non-consensual intercourse is a crime in the US since 1993, but there is no equivalent law in India. As stated in the Manusmriti in the Common Era (200 CE), the notion of Non-consensual intercourse within marriage has been disregarded for years. It became susceptible under Mughal rule, and this horrible crime is still the exception today. While marital Non-consensual intercourse is illegal in many other nations, including Australia, Nepal, and the United States, it is generally accepted that a married couple's desire for sexual activity should be reciprocal. Unlike India, where there is no law. The JS Verma Committee was established, but its suggestions to make Non-consensual intercourse within marriage a crime in India were disregarded. The bills that were presented to parliament were likewise defeated. The victims of Non-consensual intercourse are not protected by law. The article's goal is to examine the social and legal ramifications of marital rape. Because of the divergent rates of Non-consensual intercourse in the two nations, they are being compared. Non-consensual intercourse has to be made a crime, and India's legislature and courts should pay attention to this matter.