Marital Rape in India: Need for Legal Recognition

ABSTRACT

In India marital rape still not comes under the purview of crime. It is a sensitive issue and has not been considered seriously in Indian law. It is violation of trust and respect in an important institution of marriage in Indian society. It refers to the act of non-consensual sexual intercourse by one spouse with another within a marriage. Despite the fact that over 150 nations have criminalized marital rape, India still has not recognized it as a crime, which has become a significant concern worldwide. Not criminalizing marital rape is against fundamental rights of women and this social stigma continues to reinforce the deep-rooted social inequalities that exist in our society. Due to a lack of legal recognition, victims are left with limited legal remedies and no hope of justice, which leads to physical and emotional trauma. This article concerned about the historical context, legal challenges and social and economic aspect to criminalize marital rape in India. It reflects how existing laws on domestic violence and cruelty fall short in prosecuting the issue, accepting the denial of women’s sexual autonomy. Further, it includes comparative analysis of worldwide legal frameworks to focus on the importance of criminalizing marital rape. It is a moral and human rights duty that India must consider to honoring the dignity and equality of women.