WHEN 'I DO' DOESN'T MEAN 'I CONSENT': BREAKING THE SILENCE ON MARITAL RAPE IN INDIA

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Authors: Jiya Kothari
Cited by: 0

Abstract

The Indian perception of marriage portrays it as a sacred bond between partners who trust each other and provide support throughout their lives together. Still, this idealistic view of marriage fails to show actual power disparities that exist between spouses, which lead to sexual assaults that go unrecognized by the legal system. This blog investigates the persistent absence of legal and social recognition for marital rape in India, which considers consent to be an ongoing agreement because people enter into a marriage. The blog shows how married women lose their legal rights and protections against sexual violence when compared to unmarried victims through an examination of statutory laws, constitutional rights conflicts, and societal norms that exist because of patriarchal forces. The blog advocates marriage to exist as a relationship built on mutual respect, which requires both partners to obtain their consent for every aspect of their partnership, because 'I do' can never mean signing over bodily autonomy or fundamental rights.

Fields of Study & Subjects

Intimate Partner and Family Violence Feminism Gender and Sexuality Studies Criminal Law and Policy

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
18 February 2026
Language
EN