Unveiling The Silent Suffering: A Comprehensive Exploration Of Marital Rape In Indian Society

Abstract

The legal and sacramental institution of marriage establishes and recognizes the socially acceptable individual rights and responsibilities. Marriage is a prerequisite for acknowledging sexual interactions in many cultures. But the harsh reality is that there are crimes like domestic abuse and sexual violence in the sacred bond of marriage. In India, there is currently no legal sanction for punishing sexual violence within marriage which is known as “Marital Rape”. This has created a legal impunity for men or husbands who sexually assault or compel their wives to engage in sexual activity with them. The author, through this research paper, attempted to condemn the discrimination women experience regarding marital rape. Further, this paper also focused on the legal provision of impunity rape within marriage that is mentioned under Section 375 exception 2 of penal law of India along with its historical background. The offence Marital Rape is a heinous crime that takes place inside a house's four walls and has long term impact on women’s health: physical and psychological both. Rape is considered as a Rape whether it is carried out by an acquaintance of the victim, "here husband," or by a complete stranger. Indian Judiciary has come forward to protect the rights of women and they are also concentrating on defending a married woman against her rapist husband. The Indian judiciary has emphasised the need to criminalise marital rape in a number of cases, seeing it as a serious breach of an individual's human rights. The need of hour is that society, legislature and judiciary should work together to eradicate this crime from the sacred bond of marriage.