Marital Rape : Stripping the Sanctity of Matrimonial Relation. An International Analysis.

Abstract

Marital rape is an important socio-legal concept which has been attracting the attention of the international community since decades. The political debates and social discourses surrounding it have fuelled various discussions on feminism and the rights of women in a marriage. Such discussions are even extended to the sexual rights of a married woman and the denial of the same that has been happening due to the patriarchal mindset of society. Considering a woman as a property has been hailed and criticized time and again by jurists and courts. Various municipal legislations are dedicated towards this crime and some international instruments also mention it. However, the level of expected change in society throughout the world, especially in countries where marital exception still exists, hasn’t been seen. Thus, there is a demand for an international convention on the subject, which is analyzed in this article. The research questions are the following : is the present legal framework surrounding marital rape sufficient and effective? Does the international community need to formulate a draft law for criminalizing marital rape in domestic jurisdictions without hurting the sanctity of marriage? The hypothesis assumed by the authors is that the world needs an international convention and commensurate regional and national legislations to penalize the offence of marital rape. The hypothesis also assumes that the existing legal framework surrounding spousal rape is ineffective and insufficient.