ISSN: 2265-6294

Judicial Analysis of marital rape laws in India

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Priya Jain , V.V.B. Singh , Ravi Kant Gupta , Sadhana Trivedi , Diksha Taneja

Abstract

Marital rape is a complex issue; it is definitely one of the most severe forms of crime. Often times, married women are victims of rape by their husbands. It poses one of the greatest dangers to India's gender justice system. It is one of those social illnesses that has been in India from ancient times and still has a negative impact on society. Indian society has never viewed marital rape adversely. In Indian culture, it is seldom opposed by anybody for a variety of reasons. In this way, the stance of the Indian legislative is similar. The Indian Constitution has given the Indian legislature the difficult responsibility of passing laws for the protection, security, and progress of the nation. However, the legislature has little interest in making marital rape a thing of the past. The Indian courts express some hope in this regard, but it is bound by the fact that law is made by the legislature, not the judiciary. There are no effective laws in India to prevent marital rape. Whatever regulations exist in India, they are insufficient to stop a horrible crime like marital rape. There must be strict laws put in place in India to deter marital rape.

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