Synopsis Divyanshu

MARITAL RAPE: WHETHER MARRIAGE IS A
LICENSE TO RAPE?
Synopsis Submitted by
Divyanshu Chaturvedi
In the Partial Fulfillment for the Degree
of Master of Laws (LL.M)

Roll No: 202210301030047
Supervisor: Dr. Prashant Varun
Institute of Legal Studies

SHRI RAMSWAROOP MEMORIAL
UNIVERSITY
(2022-2023)
1
TABLE OF CONTENT
Contents
Introduction............................................................................................ 3
Review of Literature..............................................................................5
Objective of Research............................................................................ 6
Hypothesis............................................................................................. 6
Research Questions................................................................................ 7
Research Methodology..........................................................................7
CHAPTERIZATION............................................................................. 8
Bibliography........................................................................................ 10
2
Introduction
“One of the main obstacles to human advancements today is the legal subrogation of
one sex to another, which should be replaced with a system of absolute equality that
doesn't accept any privilege or power on one side or incapacity on the other.
None of the relationship between the perpetrator and the victim, rape is abhorrent.
Marital rape is not a crime in India according to the legal system. Indian rape laws
continue to ignore women's control over their bodies, unintentionally reinforcing the
notion that they are still their husbands' and fathers' property and lack personal
autonomy.
The Indian Penal Code, 1860 (IPC), Section 375 defines and criminalizes rape, but it also
makes a provision for an Exception 2, which states that "sexual actions or intercourse by
a man with his own wife, the wife not being under 15 years of age, is not rape."
Marital rape has been practiced for a very long time, and the biggest problem with it is
that many victims don't realize they are being violated by their spouses and think their
husbands are in charge of their family and have bound them to his will. In many nations,
especially India, married couples experienced this position where the woman was
subordinate to her husband and other family members. Sir Matthew Hale first discussed
the history of marital immunity for rape prosecution in the Pleas of the Crown history
from 1736.
In India, a marriage is seen as a religious and spiritual institution that plays a crucial role
in family life. Because of this, the state is wary of upsetting this delicate balance.
However, there have been numerous changes to Indian society during the past few
decades. Women's role in society has evolved from being a housewife to being a man's
property. The position of women is currently equal to men's in India, therefore this harsh
law must be changed to reflect the times. Rape is a deathless humiliation and the gravest
offence against human dignity, as the Supreme Court rightly stated.
In India, married males are protected from domestic violence. It is crucial to note that
while these regulations were altered in many former colonial nations, they were not
altered in India and are still in use today. According to many, marriage is a sacramental
institution, and as such, it should be consummated in a way that makes the husband
happy.
Providing immunity to the husband because at the time these laws were being written,
men predominated in the nation and women were not treated equally. But because we
now value women equally in our society, the legislation must be modified to safeguard
the lives of women who are taken advantage of by their husbands
3
4
Review of Literature
Books
 "Marital Rape: History, Research, and Practice," by Bennice A. and

Resick P. reviews the state of marital rape, beginning with its history of being
acquitted, the harm it caused to the victims, and a study of the relevant
research that has been done. It aims to address the seriousness of marital rape
and the effects consequences suffered by the victims.
 According to Dr. Dasarathi Bhuyan, sex writing uses the phrase "women
empowerment" as well. The term is used in connection with two broad
faculties, namely general and particular. In a broad sense, it alludes to
encouraging women to act naturally subordinate by granting them access to
every opportunity and position that they were previously denied due to their
gender.
 Richard Gelles conducted study to better understand marital rape in his 1977
book "power, Sex and Violence: the Case of Marital Rape."
 Dr. Bhavesh Gupta, India's present legal system regarding marital rape and the
need for change In issue 20-3 of Galgotias, a journal for legal studies, a piece was
published. The author of this article thinks that it is morally unacceptable for
women to have sex with their husbands against their wills, consent, or health in a
civilised society. The author underlines that there is no excuse for the exemption
of marital rape in today's society. The author claims that criminalising marital
rape is a critical step in transforming how women experience sex abuse in
marriage.
 Diana E.H. Russel's 1982 book, "Rape in Marriage," provides a thorough
examination of marital rape occurrences, the prevalence of marital rape, its
relationship to abuse, its effects, and its character. The effects on victims and
reasons behind husbands who rape their wives are also discussed in the book.
 Sue Lees (1997), "Ruling Passion: Sexual Violence, Reputation, and the
Law," in "Reputation and the Law: This book examines how power operates
through institutional and social processes that serve to legitimise male aggression
based on considerations and discussions with children and numerous rape and
murder proceedings.
The literature review shows that there is a clear gap in the literature on marital rape as
violence in India and the need to criminalise it. Therefore, there is a need for thorough
investigation into this contentious issue in the Indian context as well as for thorough legal
responses to marital rape issues.
5
Objective of Research
The objective of the present study is:
 Researching the definition of marital rape in India and what

constitutes it.
 To ascertain the scope of India's marital rape study.

 To assess the prevalence of marital rape in India; • To look at the
judiciary's and parliament's perspectives on marital rape in India;
and • To decide what steps should be taken to combat it.
 To comprehend the justification behind India's decision to not

criminalize marital rape.
 Why to better comprehend why marital rape is not considered a

crime in India.
 A proposal for a course of action to strengthen the legislation

around marital rape.
Hypothesis
 Rape is a traumatic, horrible, and abhorrent crime that can happen
inside or outside of a marriage, but there is no legal penalty for
marital rape. Marital rape is a threat that cannot be adequately
addressed by the IPC, the Domestic Violence Act, or other
personal law laws as they currently stand. As a result, a new
offence must be established through appropriate legislation, and
reforms to personal law will follow.
6
Research Questions
 What does "consent" mean in the context of marital rape?
 The reasons why marital rape is not a crime in India.
 The reasons why it is vital to make marital rape a crime?
 What are various international and national measures to combat
marital rape?
 Why marital rape should be made independent offence in
India?
Research Methodology
First off, it should be noted that the sort of question that needs to be answered
determines the strategy that should be used.
The researcher employed the doctrinal research technique and acquired information
from a range of secondary sources, /including articles, journals, and books, in order
to meet the goal of the study. Additional citations from the important rulings on this
subject are taken. Internet was one of the additional sources used by the researcher.
7
CHAPTERIZATION
Chapter I: The researcher firstly introduced to the topic of
marital rape in India in. Thereafter, the objectives, purpose, and
issues, as well as the techniques and resources on which the
research is based, are presented in this chapter.
Chapter II: With the help of international law and The

Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW). This chapter illustrates the marital
rape exemption from a global viewpoint.
Chapter III: In this chapter it is discussed how position of

women changed in India from ancient to modern times, whether
these changes made an impact on the marital rape?
Chapter IV: In this chapter it is discussed how Indian rape law

has evolved over time and whether these changes have had an
impact on the rape laws pertaining to marital rape.
Chapter IV: In Chapter IV, the clause is studied in light of the

Indian Constitution and other national laws. The researcher's
viewpoint on Expectation (2) of Section 375 is further discussed
in the present chapter, along with reasons why she thinks it should
be repealed.
Chapter V: Chapter V focuses on the same from a judicial

perspective. Behavior of the courts.
Chapter VI: A step forward in India's efforts to make marital

rape a crime is Chapter VI.
8
Chapter VII: Chapter VII concludes with conclusions and
recommendations based on the dissertation's descriptions.
9
Bibliography
Sources of Data
Both primary and secondary sources of data have been used. A host of leading text books
of the Constitution, India Penal Code, Ciminilogy- Penology & Victimology, International
Law & Human Rights and case reporters like the All India Reporter, Supreme Court Cases
etc. has been referred to. The sources of research are limited to a few books selected from
the relevant books available in the official library. Further web-based resources have also
contributed to the paper; including some law-linked databases and general search engines.
The detailed description about the sources will be provided in the Bibliography after
completion of the project.
Mode of Citation
A uniform mode of citation has been adopted throughout the course of the paper.
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MARITAL RAPE: WHETHER MARRIAGE IS A

In the Partial Fulfillment for the Degree

of Master of Laws (LL.M)

Supervisor: Dr. Prashant Varun

Institute of Legal Studies

 "Marital Rape: History, Research, and Practice," by Bennice A. and

 Researching the definition of marital rape in India and what

 To ascertain the scope of India's marital rape study.

 To comprehend the justification behind India's decision to not

 Why to better comprehend why marital rape is not considered a

 A proposal for a course of action to strengthen the legislation

Chapter II: With the help of international law and The

Chapter III: In this chapter it is discussed how position of

Chapter IV: In this chapter it is discussed how Indian rape law

Chapter IV: In Chapter IV, the clause is studied in light of the

Chapter V: Chapter V focuses on the same from a judicial

Chapter VI: A step forward in India's efforts to make marital

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