This paper is published in Volume-8, Issue-3, 2022
Marital Rape (law)
Shradha Alanghat
School of Law, Christ (Deemed To Be University), Bengaluru, Karnataka, India
Pub. Date
02 May, 2022
Paper ID
Patriarchy, Conditioning, Gender Roles, Equality, Criminalisation


Shradha Alanghat. Analysis of Marital Rape as an Exemption, International Journal of Advance Research, Ideas and Innovations in Technology,

Shradha Alanghat (2022). Analysis of Marital Rape as an Exemption. International Journal of Advance Research, Ideas and Innovations in Technology, 8(3)

Shradha Alanghat. "Analysis of Marital Rape as an Exemption." International Journal of Advance Research, Ideas and Innovations in Technology 8.3 (2022).


Marital rape is an issue that reflects the socio-cultural conditioning of marriage in a manner that leads to gender disparity in the essential aspect of decision-making that forms the basis for every individual's existence. Women experience the dark side of marital relations, subjecting themselves to the gender roles instilled in them by society. In India, women are subject to veritable societal and cultural expectations. The patriarchal roots of society have viewed women as instruments to fulfill familial expectations rather than their expectations about her life. Such an idea is perceived as a norm even in today's world, despite advancements seen in various aspects of gender studies. India indeed has granted equality to women in social, political, and economic spheres. There is hidden hypocrisy within the social realm as these advancements do not influence gender equality in various households. The paper aims to delve into socio-legal aspects of the issue of marital rape. The initial section of the article gives an insight into the philosophical dimension of the problem, which offers veritable views from philosophers. This enables us to think from some realms of morality and ethics in a more specialized manner. The second section deals with some of the prevalent justifications restricting the criminalization of this primitive social norm. The author has also attempted to decipher the validity of such explanations by various societies and governments in pertinence to the issue's intensity. The subsequent section offers a brief description of the backward and arbitrary nature of 'consent.' The author questions the narrow approach towards understanding the concept of 'consent, an essential character binding a marriage. The following section delves into the legal aspects of such an exception, offering a detailed description of the legal lacunae posed by such an exception. This section explains the contradictory nature of the legal exception with the Constitution, which is the supreme law of the land. The succeeding area puts forth a psychological understanding of the victims of this inhumane form of violence through the theory of 'learned helplessness.' The paper's final section lays an account of the prevalence of the issue in rural and urban areas, respectively.