The Legal and Social Imperative: Recognizing Marital Rape in India to Secure Women’s Fundamental Rights and Individual Autonomy

Singh, Prerna; Mehta, Akshat

doi:https://doi.org/10.55041/ijsmt.v2i5.394

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THE LEGAL AND SOCIAL IMPERATIVE: RECOGNIZING MARITAL RAPE IN INDIA TO SECURE WOMEN’S FUNDAMENTAL RIGHTS AND INDIVIDUAL AUTONOMY

AUTHORS:

Prerna Singh

Akshat Mehta

Mentor

Affiliation

DOI: 10.55041/ijsmt.v2i5.394

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This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

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Abstract

While the country that vehemently acknowledged various women concerns through legislations, the issue of marital rape has been untouched. The need of the hour is criminalisation of marital rape and bringing it in line with international legal standards. Women have been given various rights under the Constitution of India and other statutes, including right to safety and dignity and more than that they have 'individual autonomy' which includes right to decide whether they wish to have sexual intercourse with any person or not. Lack of such legislation brings forth the subjugation of rights of women behind curtains being left with a husband who does forcible sexual intercourse without her will or consent, it becomes an act of deep physical and emotional turmoil for her and is a torture to her.

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This article has undergone plagiarism screening and double-blind peer review. Editorial policies have been followed. Authors retain copyright under CC BY-NC 4.0 license. The research complies with ethical standards and institutional guidelines.

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