Marital Rape As Domestic Violence

Available data indicate that marital rape impacts the health and safety of women in much the same way as rape by a stranger. This chapter argues in favour of recognizing marital rape as a crime in India, by rebutting the forcefully held misconceptions that continue to be put forth as justifications for exempting marital rape as a criminal offence. The institution of marriage as a sanction for sex completely disregards the consent of the wife. This has the effect of condoning acts in the nature of domestic violence and must be recognized as a form of gender discrimination that negates the dignity, personal autonomy, and bodily integrity of married women. Analysis of existing legal provisions on spousal sexual violence under the PWDVA have been analysed to assess the scope of legal remedies available for marital rape.