Rape under the Veil of Marriage: An Enquiry into the Practice of Nikah Halala and its Relevance in Present India

Violence against women within the family has become a contemporary issue in the present world. Since time immemorial, penal provisions have been moulded, shelters and treatment programs have been launched, and documentaries and movies have been made on this issue to generate awareness and aid the victims in the society. But still today, our society is not free to discuss sexual relations in daylight. This hush-up attitude of the society towards the discourse of sexuality has also resulted in veiling of the act of sexual violence towards wives, and children as they are considered as private issue and the social notion of family value system is based upon it. Across the world and especially in the Indian society, the strict patriarchal family code coupled with religious belief of husband being regarded next to God has been nurtured since ages in such an way in the conjugal bond that most married women think that it as their prime duty to serve all sexual needs of their husbands and it is okay to be abused by their husband without their fault. This paper tries to explore the dilemma faced by women in Islamic society, trying to raise their voice against rape masqueraded in name of religion. It further explores the legal remedies available to such victims in India.