Marital Rape in India: A Socio-Legal Analysis

Anand, Amit and Lolaksha Nagaveni, Preethi and Bhushan, Tripti (2021) Marital Rape in India: A Socio-Legal Analysis. International Journal of Public Law and Policy, 7 (4). pp. 351-363. ISSN 2044-7671

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Abstract

As per data published by the National Family Health Survey 2015-2016 which receives technical guidance from the Ministry of Health and Family Welfare, Government of India, 83% of married women between the ages of 15 and 49 who have suffered sexual abuse cite their current husbands as the perpetrators. The hard truth that emerges from this figure is that a large number of crimes against women in India takes place in their respective homes. The issue of marital rape in India is one example of violence against women where the victim suffers both physically and psychologically at the hands of somebody close to them. But unfortunately, marital rape is not recognised as a crime under the Indian law. The present paper focuses on examining some of the vital socio-cultural and legal reasons that play a significant role in prohibiting criminalisation of marital rape in India.