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Judicial Approaches to the Criminalisation of Marital Rape

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  • Vijay P Singh

Abstract

In India, as in different traditional cultures, women have been and still are treated in a number of inhumane ways. They are controlled, prone to assault and abuse and risk rape not only outside but within their own homes. Moreover, marital rape is not considered a crime in India. The article attempts to analyse Indian rape laws and to show that exemption for marital rape does not align with the fundamental principles of justice and equality, which is the basic feature of the Indian Constitution. The article argues that the exemption clause should be repealed, and marital rape be criminalised. The article further discusses the approach of the Indian judiciary towards the issue of criminalisation of marital rape.

Suggested Citation

  • Vijay P Singh, 2022. "Judicial Approaches to the Criminalisation of Marital Rape," Indian Journal of Gender Studies, Centre for Women's Development Studies, vol. 29(1), pages 10-32, February.
    • Handle: RePEc:sae:indgen:v:29:y:2022:i:1:p:10-32
    DOI: 10.1177/09715215211056791
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    References listed on IDEAS

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    1. Panda, Pradeep & Agarwal, Bina, 2005. "Marital violence, human development and women's property status in India," World Development, Elsevier, vol. 33(5), pages 823-850, May.
    2. Bina Agarwal & Pradeep Panda, 2007. "Toward Freedom from Domestic Violence: The Neglected Obvious," Journal of Human Development and Capabilities, Taylor & Francis Journals, vol. 8(3), pages 359-388.
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