Author: Sewansh Chawla, Student at Amity Law School, Noida
ABSTRACT
Marriage, often considered a sacred bond, is unfortunately not devoid of dark shadows. One such shadow is marital rape, a heinous crime that has long been concealed under the guise of conjugal rights and societal norms. In this comparative study, we delve into the legal frameworks surrounding marital rape in two contrasting jurisdictions: India and the United States. Through critical analysis, we aim to unravel the complexities and disparities in addressing this issue, shedding light on the urgent need for legal reform and societal awareness.
This comparative study critically analyses the legal frameworks and societal responses to marital rape in India and the United States. Marital rape, a grave violation of personal autonomy and dignity, remains a pervasive but often overlooked issue globally. In India, the legal landscape surrounding marital rape is marred by ambiguity and cultural norms that perpetuate the notion of wives as property. Despite recent judicial and legislative developments, significant gaps exist in the implementation and enforcement of laws against marital rape. In contrast, the United States has made strides in recognizing and addressing marital rape as a serious crime, with comprehensive legal frameworks and support services for survivors. Through a comparative lens, this study unveils disparities in legal recognition, enforcement, and societal attitudes towards marital rape between the two jurisdictions. It underscores the urgent need for legal reform and societal awareness to combat marital rape effectively.
