Marital rape: A Grim reality? With reference to Indian Society

Abstract

Marital rape is a pervasive and yet often overlooked form of violence within intimate
partnerships. Marital Rape is grim issue in Indian Society; In the context of Indian
society, where deeply entrenched traditional gender roles and cultural norms exist,
tackling the problem of marital rape necessitates a thorough comprehension of its
underlying factors, repercussions, and possible remedies. Nevertheless, there is no law
that criminalizes marital rape. Many Members of Society deny the existence of
martial rape, Any Act Sexual act between a spouse, without the consent of other
spouse is not rape but sexual intercourse between the spouse. Section 375 & 376 in
Indian Penal Code which defines Rape and Punishment under Rape but The Section
Section 375 has an exception which states the following: “Sexual intercourse or
sexual acts by a man with his own wife, the wife not being under fifteen years of age,
is not rape”. This exception is based on the Fallacious assumption that woman gives
her consent to sexual intercourse when she enters into a marital relationship. This
research paper seeks to illuminate the matter of marital rape in India, an issue that has
been disregarded for an extensive period by both society and the legal system.