Marital Rape Legislation– An Emerging Need, Indian Prospective




Marital Rape, Marital Rape In India, Laws Relating to Marital rape


Sexual ferocity is defined as the action of divulging somebody to a sensual conduct without one’s accord. It comprises of a large range of behaviours from touching to raping. The mainstream of the sufferers are women. Rape is the act of having erotic intercourse with an individual without consent. The notion of marital rape has been unnoticed for years because of the philosophy that endorses men have the right to treat their spouses as they desire and the wife must provide her man with all his requirements. These days with the variations and progress in the notion of marriage, the upsurge in the consciousness of the society and the understanding of the idea of violence against women; it has been understood that sensual intercourse should be equally desired by both parties of the married couple. Or else it should be well-thought-out as sexual assault.
The aim of the research paper is to review the medical, social and legal aspects of marital rape, to present the existing situation about marital rape in India, also to discuss how it could be barred.


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Feminist scholars believe that marital rape exists as a form of control and dominance over women.

Social constructionists assert that marital rape is a reflection of men’s desire to retain traditionally held power in society and to protect themselves and their “property.

Sex-role socialization theorists believe that marital rape is caused by an adoption of excessive traditional sex-role beliefs.

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The first criminal law code in Soviet Russia differed from Tsarist law on rape: "although the Tsarist law explicitly excluded marital rape, the Soviet law code of 1922 did not." Rule, Wilma (1996). Russian women in politics and society. Greenwood Publishing Group. p. 160. ISBN 978-0-313-29363-4. Marital rape was explicitly included in the 1960 code.

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How to Cite

Dr. Ganesh Dubey, & Anchit Verma. (2018). Marital Rape Legislation– An Emerging Need, Indian Prospective. Legal Research Development, 3(II), 01–08.