Marital Rape: Legal Status and Development

Abstract

Marriage is a pillar of humanity and plays a crucial role in the development of both women and men in society. There are various national and international legislations, which aim at protecting women; however, in a marital relationship, rape is yet not considered as a serious offence. Marital rape is one such concept, which is difficult to understand and comprehend by society in general. However, recent media coverage on few petitions entertained by honourable courts have raised many questions on this subject, which has further led to lengthy and detailed discussion on forms of marital rape, the actions which constitute marital rape, significance of consent in marital rape, whether marital rape needs to be criminalized in modern society and international legislative measures related to marital rape. Victims of marital rape suffer depression, mental distress, gynaecological problems and other severe health issues, which directly impact their lives in a negative manner. This article attempts to uncover the issue of marital rape faced by women in their daily lives by throwing light on women’s rights and find some solutions to the problems, by relying on descriptive and comparative studies.