ANALYZING THE LEGAL LANDSCAPE SURROUNDING MARITAL RAPE IN INDIA: A CRITIQUE

Abstract

In the era of women equality and empowerment, the act of retaining marital rape exception clause in Bharatiya Nyaya Sanhita, 2023 by the legislature depicts the patriarchal mindset of the society. Such exception is a gross violation of right to equality (Article 14) and right to life and personal liberty (Article 21) of married women. Towards analyzing the legal landscape surrounding marital rape in India, this paper/chapter aims to shed some light on the topic of marital rape which got marred by the cultural, religious and political quagmire in the times where women empowerment and gender equality is the aim of each and every government across the globe; to explain the historical and social perspective and jurisprudential understanding related to marital rape in India; to elucidate the legal reforms introduced by other countries with the sole aim to eradicate the arbitrary and tyrannical provisions related to marital rape exemption; to highlight how this exception violates women’s right to live a dignified and healthy life; and lastly to put forward certain suggestions and requisite measures which need to be incorporated in the legal system so as to guarantee the women to lead a dignified life free from any insecurity and fear.