Marital Rape and the Debate on Criminalization in India
This Blog is Written by Sushmita Jha, 3rd Year, BBA LLB, SOA National Institute of Law (SNIL), Bhubaneswar. Introduction: Understanding the Concept of Marital Rape Hey, so what is marital rape basically? It's basically a husband has non consensual sex with his wife. In most modern legal systems in the world, this is treated as rape since getting married doesn't automatically take away a person's right to say "no." But in India the law is still a mess on this-there's such a loophole that allows a husband to get away with it, if the wife is above a certain age and they are legally married. That exception has led to huge debates among law scholars, activists and even everyday folks. The debate around criminalisation of marital rape raises complex questions about constitutional rights, gender justice, societal norms and what marriage is all about. Supporters of criminalising it have said the exception breaches fundamental rights such as equality, dignity and bodil...