Marital rape and Indian judiciary: Revisiting the marital rape exception through Gorakhnath Sharma v. State of Chhattisgarh

The custom of marriage, which is anthropological, cultural, and legal, creates a socially accepted rights and responsibilities between people. Marriage serves as the foundation for the acceptance of sexual relationships in many cultures. However, there has always been ambiguity in the law around physical hostility and sexual misconduct in marriages.

- SNEHATIT SETT & SHRABANA CHATTOPADHYAY

INTRODUCTION The custom of marriage, which is anthropological, cultural, and legal, creates a socially accepted rights and responsibilities between people. Marriage serves as the foundation for the acceptance of sexual relationships in many cultures. However, there has always been ambiguity in the law around physical hostility and sexual misconduct in marriages. "Forcible sexual assault or violence by one spouse towards the other" is the definition of Marital Rape. Although numerous cultures have historically viewed the establishment of a sexual relationship between a married couple as a "right," the scope of consent becomes just as significant as it is for nonmarried people. Women are primarily, though not alone, victims of marital rape. Chronic violence is often perpetuated by the couple's abusive relationships, which tend to develop a vicious cycle. This has been ignored in literary works and regulations and for ages, "marriage" has been utilized as a regular exemption or defense in situations of sexual violence. Additionally, this has resulted in a decrease in seeking assistance, lingering trauma, and the negation of the experiences of victims of marital rape. International conventions and views opposing intimate partner and sexual abuse in marriages have grown since the 20th century (more specifically, the prevalence of sexual assault against women). As of 2019, 150 nations currently have laws that acknowledge marital rape as a criminal offense. However, the number of countries that explicitly criminalize marital rape in their penal codes is reported as 52 by UN Women.