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Criminal Law/Gender JusticeResearch ArticleOPEN ACCESSPEER REVIEWED

NEED OF A LAW GOVERNING CONSENT IN MARITAL COPULATION IN INDIA

Volume
3
Issue
1
Pages
Published
Jan 2025
DOI
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Abstract

This research paper explores the legal and social lacunae in India's handling of marital rape, with a particular emphasis on the lack of express legal acknowledgment of non- consensual sexual intercourse within marriage. It discusses the historical, constitutional, and psychological aspects of the issue and reviews national and international case laws, legislation, and human rights paradigms. The research brings into perspective the effects of marital rape on the physical and psychological well- being of women, and deconstructs the exemption provided to marital rape in Indian law. It advocates for legislative change, social sensitivity building, and institutional assistance to promote consent and gender equality during marriage, making the laws of India consistent with constitutional and international standards.

Authors
IK
Isha Kashyap
Keywords
Marital rapeconsentsexual violencedomestic violenceProtection of Women from Domestic Violence ActIndian Penal CodeBharatiya Nyaya Sanhitagender equality
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