43 Years of Impactful Scholarship

Volume 42, Issue 5

The Gap in Marital Rape Law in India: Advocating for Criminalization and Social Change

This Note explores the gap in marital rape law in the Indian Penal Code. Part I introduces the inception of the marital rape exception. Part II discusses the background and evolution of rape law over the years in India. Part III discusses arguments offered for and against the criminalization of marital rape and offers evidence to undercut all arguments proposed against criminalization. Part IV argues for elimination of the marital rape exception, criminalization of marital rape, and suggests that further actions such as gender-sensitivity training for police personnel and the judiciary, establishment of crisis centers, and implementation of measures to combat damaging stereotypes need to be taken as well.

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Recommended Citation:

Krina Patel, The Gap in Marital Rape Law in India: Advocating for Criminalization and Social Change, 42 Fordham Int'l L.J. 1519 (2019). 
Available at: https://ir.lawnet.fordham.edu/ilj/vol42/iss5/7