Issues in Criminalising Marital Rape in India

  • Renu Jaiswal
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  • Renu Jaiswal

    student at Banasthali Vidhyapeeth, Rajasthan, India

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Sexual violence is defined as the act of exposing someone to sexual behaviour without one’s consent. It includes a large spectrum of behaviours, from touching to Rape. The majority of the victims are women. Rape is the act of having sexual intercourse with a person without his/her consent. The concept of marital Rape has been overlooked for years because of the ideology that promotes men have the right to treat their wives as they wish, and the wife must provide her husband with all his needs. Today with the changes and developments in the concepts of marriage, the increase in the awareness of the society and the understanding of the notion of violence against women, it has been understood that sexual intercourse should be mutually desired by both parties of the married couple. Otherwise, it should be considered as sexual assault/violence. The aim of the article is to review the medical, social and legal aspects of marital Rape, to present the current situation about marital Rape both in Turkey and in the rest of the world, also to discuss how it could be prevented.


Research Paper


International Journal of Legal Science and Innovation, Volume 4, Issue 1, Page 761 - 766


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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) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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