International Journal For Multidisciplinary Research

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The Unspoken Violation: Understanding Marital Rape

Author(s) Ms. Arya Nanda Ajayan, Ms. Niranjana I, Mr. Logesh Bharani, Dr. SUDANVA G KULKARNI
Country India
Abstract This research study, “The Unspoken Violation: Understanding Marital Rape in India”, attempts to critically analyze the socio-legal scenario surrounding marital rape, an issue that continues to remain unaddressed in the Indian criminal justice system due to the marital rape exemption under Section 375 of the Indian Penal Code and the Bhartiya Nyaya Sanhita, 2023. The study attempts to explore the dichotomy between the constitutional provisions regarding equality and dignity (Articles 14 and 21) and the outdated patriarchal concept of “implied consent”, which assumes that the institution of marriage grants an automatic and irrevocable right to sexual access to the partner. The study uses a descriptive and analytical method and includes a structured survey among 100 respondents, most of the report suggests that the decriminalization of marital rape is a license for domination and thus advocates for legislative reform to decriminalize the act immediately, as well as the need for sex education to de-stigmatize the discussion of consent and body ownership in marriage. Marital rape, which has been identified as a type of domestic and sexual violence, is defined as sexual contact or sexual activity that is forced upon one spouse by the other without the other's free and voluntary consent. Marriage does not establish permanent consent. Due to cultural norms that view sex in marriage as a duty, victims' fears of stigma, family pressure, economic dependence, and retaliation, as well as legal ambiguity in some places that discourages complaints, it is frequently underreported. As a result, a significant hidden crime is created as many survivors normalize the abuse or think that reporting will not result in protection.
Keywords Unspoken, Violation, Marital Rape, Consent.
Field Arts
Published In Volume 8, Issue 2, March-April 2026
Published On 2026-04-05
DOI https://doi.org/10.36948/ijfmr.2026.v08i02.73530
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