AN INSIGHT ON DECRIMINALIZED MARITAL RAPE: A COMPELLING STATE INTEREST
Downloads
Abstract
The non-consensual intercourse committed by the husband with his wife is termed as marital rape and has been creating turbulences in the recent times. Matters relating to marital rape has been taken to the courts and it has also become a recently and the It is said that married women has their rights and they do not cease to exist after marriage also coupled with the importance of consent of the married women because of which it has been vehemently advocated to criminalize marital rape. The issue has been raised that with the existing rape laws in India infringes the Right to Life of a married women as enshrined under article 21 of the Constitution of India and thus contends that it the protection given to the husband in the Indian Penal Code must be removed. But in this paper the proposition of compelling state interest has been brought into the picture in which a balance has to be met so that no party to the matter faces a loss which is irreparable. The consequences of criminalizing marital rape to the deterrence of the husband has been pointed out to present a comparison of the danger to the wife in the status quo and the danger which shall be caused to the husband if marital rape is criminalized. Therefore it is an endeavours to iron out the creases which may be caused if marital rape is criminalized and provides a instance that can curtail the right to life in the larger interest of the society.
External References to this Article
Loading reference data...
Readership Data
Refreshing Cached Analytics Data
The cached analytics data has become stale and journal.thelawbrigade.com is making a fresh request to fetch the latest data from Google Analytics. This may take 20-30 seconds depending on the server response time from Google Analytics. Please do not close the browser during this time. We appreciate your patience.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Ramit Singh
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
