MARITAL RAPE: A NON-CRIMINALIZED CRIME IN INDIA

Authors

  • Samiksha Chauhan B.A. LLB (Energy Laws), University Of Petroleum and Energy Studies, Dehradun; LL.M (Constitutional and Administrative Law), Maharashtra National Law University, Aurangabad Author

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Abstract

Spousal rape, often known as marital rape, is when one person has sex with the other without the other person's permission. There is no need for physical violence if there is a lack of consent. Marital rape is seen as a kind of domestic violence as well as a form of sex abuse. It is no longer considered a right of spouses to engage in sexual activity while married, as doing so without the agreement of one's spouse has been declared by law and culture to be a sin. International agreements condemn it as rape, and governments throughout the world are cracking down on the crime. The Narendra Modi government's reactionary stance in the case of RIT Foundation vs. Union of India, which is currently before the Delhi high court, that criminalizing marital rape would "destabilize” the institution of marriage" and could become an easy tool to "harass husbands" is utterly disappointing. Because of this strange association, the government decided to keep rape committed in the married relationship illegal. Raped by her husband is no less savage than Triple Talaq or polygamy. These are issues with which the current administration appears to be preoccupied. Our inherent cultural sexism is reflected in the Centre's despicable behaviour. This has led to the greater oppression of women throughout time.

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Published

02-08-2021

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Copyright © 2026 by Samiksha Chauhan

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How to Cite

Chauhan, Samiksha. “MARITAL RAPE: A NON-CRIMINALIZED CRIME IN INDIA”. Law & Political Review, vol. 6, Aug. 2021, pp. 266-83, https://journal.thelawbrigade.com/lpr/article/view/781.