Marriage is viewed as a standout amongst the most sacrosanct institution of our nation. In any case, when its purity is creased, this institution smashes totally. Marital rape abuses the right of pride of a wedded lady and the biggest irony here is that this heinous crime is not yet treated and criminalized as a “rape” in India. Rape is rape irrespective of who has committed it or what is the relation of the culprit with the abused. The vile of marital rape is winning in this pious relationship for a very long time and the married women have been subjected to various psychological and health issues. Presumably the reason for the marriage is to furnish right to engage in sexual relations with wife. The motivation behind the marriage in perspective of right to engage in sexual relations should just give fulfillment of natural need with no check or weight of society and law. India has been a male ruled society and it is additionally a reality that Indian culture gives uncommon status to the ladies. Regardless of the majority of the laws to protect and uplift women, marital rape is the most exceedingly cruel and the most horrifying crime that happens within the four walls. It is the most disgraceful crime as a person whom the lady trusts and adores does it, and hence is more horrible. These sorts of crimes are predominantly more complex because of their fragile nature and hence the victim does not report such crime with the fear of the withdrawal from their families on exposing the issue. Marital rape is so dangerous in light of the fact that it sells out the crucial premise of the nuptial relationship since it doubts each understanding you have of your accomplice and the marriage, as well as of yourself. They wind up feeling deceived, betrayed and humiliated. They often step back thinking of their children and the financial dependency upon their spouses. We talk of women empowerment with all voice but not criminalizing marital rape is actually not filling the right boxes of women empowerment in real sense. Prima facie the paper will discuss whether or not the sex without the consent of wife ought to be considered as a rape. Further, the paper will be dealing with the effects of marital rape on a wife and the Constitutional provisions with respect to International scenario like CEDAW. Doctrinal research technique has been used for the successful finishing of this paper.
Keywords- Marriage, Marital Rape, Constitutional Provision, Consent, Dependency.