Breaking the Silence: Addressing Marital Rape Through Law Reform

Abstract

Marital rape, defined by non-consensual sexual intercourse within the institution of marriage, remains a pervasive but often overlooked form of gender-based violence. This research examines the legal and societal dimensions of marital rape in India, emphasizing the violation of autonomy and dignity inherent in such acts. The study critically evaluates existing laws and societal attitudes towards marital rape. Key findings reveal significant gaps in legal protections and societal perceptions that perpetuate gender inequalities and uphold patriarchal norms. The research underscores the urgent need for legal reforms that prioritize bodily autonomy, uphold human rights, and promote gender equality within marital relationships. By framing marital rape within the principles of natural justice, this paper advocates for comprehensive legal reforms like criminalization of marital rape, Awareness program, compensation to the victim for to rebuild their lives and regain a sense of security and well-being after experiencing such profound violations of their rights within the context of marriage. Suggestions aimed at ensuring consistency in addressing sexual violence irrespective of marital status, thereby advancing justice and safeguarding the rights of all individuals affected by marital rape.