Marital Rape in India; A Bane to the Institution of Marriage

Rape is a heinous act of sexual intercourse committed against any natural person forcefully without the consent of such person against whom it is committed. Traditionally defined as non-consensual sexual intercourse or acts committed by force or coercion, rape can occur in any context — including within the institution of marriage.Despite the increasing recognition of various penal laws in India, marital rapes have arisen in the last two to three decades .The absence of consent is an essential element and need not include physical violence. Marital rape is deemed to be a form of domestic violence and sexual abuse. The notion of all kinds of matrimonial exemption has no justification or applicability at the present time. This paper seeks to criminalize marital rape and it should be recognized by law that rape can be analyzed in any form. In this research paper, various observations given by Indian courts from time to time in different cases have also been properly mentioned. The paper also throws light on the social and legal perspective of marital rape.In this, the various causes of marital rape, its types, various serious consequences, and appropriate solutions to solve this serious problem have also been discussed in detail.