Marital Rape Criminalization : A Critical Study

Abstract

Marriage is a sacred covenant that brings together two individuals and their respective families. However, a marriage might go bad if there is no consent or if the parties involved are dissatisfied. We have inherited a patriarchal social structure from our ancestors who lived off the land. As a result, men express feelings of dominance as a matter of course. Law and order play a significant role in setting and enforcing standards for human behaviour around the world. According to the Indian Penal Code, 1860, adequate punishment has been imposed for violations of the law. But what most of the people fail to comprehend is that these laws were made by the British a long time ago. At that time Marital Rape was not considered a crime which can be one of the reasons why it was exempted under the penal laws. Women's rights have evolved over time, and this study focuses only on the impact of marital rape and why it is a violation of Indian law.