A scoping review on exploring the urgency of criminalising marital rape in India
Rape is considered a violation of human dignity across the globe. Every country has framed and implemented policies to safeguard individuals from rape globally. However, the existence of marital rape is still not recognised in many countries, including India. Marital rape is a sexual violence perpet...
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| Format: | Article |
| Language: | English |
| Published: |
Elsevier
2025-01-01
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| Series: | Social Sciences and Humanities Open |
| Subjects: | |
| Online Access: | http://www.sciencedirect.com/science/article/pii/S259029112500422X |
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| Summary: | Rape is considered a violation of human dignity across the globe. Every country has framed and implemented policies to safeguard individuals from rape globally. However, the existence of marital rape is still not recognised in many countries, including India. Marital rape is a sexual violence perpetrated against women within the marital institution by their husbands. The non-recognition of marital rape as a crime in India is deeply rooted in socio-cultural beliefs and age-old statutes followed since British colonisation. There had been official attempts to amend the rape statute and address marital rape as a crime in 2013 and 2015 but was declined by the Supreme Court due to concerns about the breach of marital institution and beliefs. More recently, the Indian Penal Code was replaced by the Bhartiya Nyaya Sanhita in 2024 to readjust the existing laws, making it relevant to contemporary times. However, it failed to address marital rape, as expected. It sparked discussions and arguments across the nation as married women had no avenues to report marital rape leading it to be adapted and accepted. The study focuses on the implications and the causes for marital rape in India, which is required to be assessed along with the existing legal framework for rape to depict the urgency to criminalise marital rape in India. |
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| ISSN: | 2590-2911 |