Marital rape, a pervasive form of gender-based violence globally, remains a contentious issue in India. Defined as non-consensual sexual contact between spouses, it highlights socio-cultural challenges despite legal frameworks. This abstract examines India's stance on marital rape, analyzing current laws, societal impact, and the struggle against normalized violence within marriages.
Marital rape in India reflects patriarchal norms, exempting husbands and undermining legal recourse. Courts have debated its constitutionality under Articles 14 and 21, revealing varied scholarly perspectives such as Feminist, Social Constructionism, and Sex-role Socialization theories.
Legal challenges persist due to exemptions like Section 375(2) of the IPC, 1860, which overlooks marital rape, contrasting with global trends. The judiciary faces pressure to align with human rights principles, challenging existing societal norms.
Constitutional debates center on equality under Articles 14, 15, 19(1)(a), and 21, questioning exemptions that perpetuate gender disparity. Advocates push for legislative reform to criminalize marital rape, aligning with international standards.
Marital rape perpetuates violence, infringing on women's autonomy and perpetuating societal inequities. Despite legal challenges, societal attitudes and insufficient legal protections exacerbate the issue.
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