Marital rape laws: the risk of misuse and its implications.

Abstract

The institution of marriage, often revered for its sanctity and permanence, is increasingly confronted with the harsh realities of marital rape, a subject that remains shrouded in silence and societal discomfort. While discussions surrounding sexual offenses typically underscore the significance of consent, the context of marital rape presents a complex narrative. At its core, the issue revolves around reconciling the sacrosanct nature of marriage, traditionally perceived as a union of souls rather than merely a physical bond, with the introduction of legal frameworks within this revered institution. The Hindu Marriage Act, for instance, conceptualizes marriage as a sacrament, thereby raising pertinent questions regarding the interplay between law and sanctity within marital relationships. This research paper endeavors to explore the intricacies of pious obligations inherent in marriage and the pressing issue of marital rape, with a specific focus on assessing the efficacy of Indian laws in addressing this concern and examining the potential risks of misuse of these laws.