In India, the law does not consider marital rape as a criminal offence. This means that the legal provisions do not acknowledge that a husband can be held accountable for raping his wife. The reasons for this are numerous and can be found in a range of reports from the Law Commission, Parliamentary debates, and judicial decisions. There are various reasons for this, including the desire to uphold the importance of marriage as an institution and the availability of other legal solutions. Given the ongoing debate surrounding the criminalization of marital rape in India, it is important to thoroughly examine the potential consequences of such a move. In order to achieve this goal, the current research will gather information from a diverse range of secondary sources, such as books, journals, articles, and reports that are relevant to the topic being investigated. The research will also gather primary data from respondents to obtain firsthand perspectives on this matter. This paper provides an in-depth analysis of the perspectives presented by different scholars regarding the criminalization of marital rape in India. In contrast to the responses obtained from the respondents for this study, the majority of them suggest that marital rape should not be criminalized. In addition, the paper delves into the approach taken by the Indian judiciary regarding the criminalization of marital rape. This study aims to provide valuable insights for leaders, scholars, and academics to better understand the advantages and disadvantages of criminalizing marital rape in India.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:ths-2449 |
| Date | January 2024 |
| Creators | Dhankhar, Shweta |
| Publisher | Enskilda Högskolan Stockholm, Avdelningen för mänskliga rättigheter och demokrati |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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