AN ANALYSIS OF MARITAL RAPE IN INDIA
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Abstract
Marital rape is an aspect of marriage that is solely not taken care of by the present existing laws. In spite of the increased recognition of various Penal laws in India, the Marital Rape has generated in the past two to three decades. There is a need for a special law on marital rape in India. There are many descending opinions on the idea of marital law. Few are that, criminalization of marital law would flaw the institution of marriage and courts aren’t supposed to interfere within what goes around with a husband and wife.
Women have been given with the right to fight for protection, but her own husband, who she married with full belief, tries to hurt and torture her by having a forceful sex without her consent which ultimately spoils her health and well-being. Marital rape is not only the chief concern in the field of women’s rights at the moment, but it also violates several constitutional provisions at the same time. Somebody rightly pointed out that a country’s growth and development can be assessed by looking at the position and respect that it gives to its women.
In this paper, the researcher would like to give out the scope of marital rape in India, the laws that it violates, an analysis as to why has not been legalized yet and why it should be legalized and a final note on conclusion.