WHEN NO MEANS NO - A Legal Examination of Marital Rape Statutes, Legislative Challenges, and Human Rights Implications

In India, marriage is a legally and culturally significant institution, often arranged and based on religious customs. It establishes legal rights and obligations between spouses, governed by personal and civil laws. Marital rape, also known as spousal or partner rape, refers to non-consensual sexual acts forced upon one spouse by the other within marriage. The important as well as essential element of marital intercourse is consent without it, it is known as physical violence as well as sexual abuse. Victims of marital rape experience both physical and psychological harm, including trauma, fear, and a sense of betrayal. Even though, traditionally sexual intercourse within marriage was claimed as a right of spouses, but as per to society involving in an act without the consent of the spouse is now broadly classified as rape. Despite the increasing recognition of various penal laws in India, marital rapes have arisen in the last two to three decades. Indian legislature has been given the most onerous task of enacting laws for the safety, security and development of the country by the Constitution of India. But there is a legal vacuum towards addressing and eliminating the issue of marital rape. Addressing marital rape involves legal reform, public education, and support for survivors, aiming to protect individuals’ rights within all relationships. In this paper, our study highlights about the issue of marital rape and the legal statutes.