Navigating Legal Recourse For The Survivors Of Marital Rape In India: Exploring Remedies In The Absence Of Criminalization

Abstract

Marital rape, denoting non-consensual sexual intercourse within the confines of a marital relationship, persists as a critical issue in India, primarily attributed to deeply ingrained patriarchal norms and societal attitudes that uphold male dominance and control within the institution of marriage, often marginalizing a wife's consent as irrelevant or implicit. The absence of criminalization exacerbates challenges for survivors seeking legal remedies. Although India lacks specific legislation addressing marital rape, survivors can, to a limited extent, seek relief under certain provisions within various statutes. While these legal avenues may not offer comprehensive justice for victims of marital rape, they do provide a semblance of redress and support. This analysis delves into the prevailing legal framework, encompassing relevant laws, statutes, and judicial precedents, to explore available options for redress and justice within the context of marital rape in India.