Why Penalize Marital Rape

Abstract

Marriage is regarded as one of the most sacred institutions of our country, by which one legalizes their right to procreate. But when this sacredness is destroyed, this institution shatters completely, and what remains is just a display of its ruins to the society. The concept of „marital rape‟ is prevailing in this pious relationship for ages; and women have had to face various difficulties and health issues, as they are the silent sufferers. Its roots can also be traced to the absence of proper legislations and social stigmas. Various reasons pointing towards its legalization are stated, most of them being unjustifiable. „Rape‟ should be considered as „Rape‟, irrespective of the perpetrators relationship with the victim. The paper discusses various notions regarding rape and specifically marital rape and throws light on some critical and burning truths of our „modern society‟. The „hue and cry‟ by women of our nation, regarding the legalization of the crime, seems to be in vain. Taking into account the vastness of the topic, doctrinal research method has been adopted for the successful completion of this paper.