Criminalization of Spousal Rape in India: An Interference into the Marital Sphere of Spouse, Culture and Social Structure of the Indian Society

Abstract

: This paper will examine the position of martial rape in legal sphere and argue that how far criminalization of Spousal Rape is required for Indian society by referring legislative measures and judicial decisions and justify that existed remedies in laws for such kind of action are not enough and more stringent laws should be made to safeguard the self-esteem of women. Making the Spousal Rape offence is required to be recognized for various reasons like Spousal Rape is against the Indian Constitutional mandates as well as other national and international conventions. While on the other hands, sanctity attached to the institution of marriage in India, importance of right to privacy of married couples, and the legal and cultural sanctity bestowed with marital relations are the justifications for non-criminalization of Spousal Rape. The researcher conclude that criminalization of Spousal Rape is need of an hour for Indian society and social, cultural, and legal hurdles should not be given more weightage over the dignity and privacy of the women in India.