Marital Rape: An Unaddressed Stigma

  • Shifa Chouhan
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  • Shifa Chouhan

    Student at D.Y. Patil Deemed to be University School of Law, India

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Abstract

March 8th, a month that has been celebrated worldwide as Women's Day all around the globe for years. It is a month when we rejoice in the existence of women with a lot of fervour and hope. But all of this falls quick whilst we study the gory truth wherein a man can rape a woman so long as she is his spouse without objection or interference from Indian society and the Indian legal system. India is one of the 32 international countries that still does not criminalize marital rape. The loss of consent right here is the important key element. In the past, sexual intercourse within marriage were considered a right of the spouses. The concept stems from the historic difficult notion that the wife is the husband's property. Early laws defined rape as a robbery of a man's property and did now no longer recall it as a criminal offense against women. Therefore, the same law additionally dictated that marital rape was not possible due to the fact a man could do anything he desires with his property as he pleased. In this article, we will dig deeper into the intensity and apprehend the idea of marital rape and the function it performs and the way it has grown to be an unaddressed stigma in our Indian society.

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Research Paper

Information

International Journal of Legal Science and Innovation, Volume 5, Issue 3, Page 89 - 94

DOI: https://doij.org/10.10000/IJLSI.111479

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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