Marital Rape: Legal Framework In India

Abstract

Marital rape violates the right of dignity of a married woman. It breaches the trust of wife. Even then, it is not criminalized as rape in India. It raises a question, is a married woman being considered an object or the property of the husband. It also raises the question, as to does a married woman has right to save her body from the lust of her husband. No doubt the purpose of the marriage is to provide right to have sex with wife. This paper points out whether this right can be coupled with force or right to have sex is only coupled with will or consent of wife. The purpose of the marriage in point of view of right to have sex should only be providing satisfaction of biological need without any check or burden of society and law. India has been a male dominated society and it is also a fact that Indian culture gives special status to the women. Today, we talk about women empowerment. Many rights have been provided to the women in India. But in a male dominated society, would women be empowered in real sense without criminalizing marital rape. The main purpose of this paper is to find out as to whether sex without the consent of wife should be considered as rape. Doctrinal method of research will be applied in this paper.