Published Paper Details:

There is a common myth that rape by one�s partner is a relatively insignificant which causes little trauma and a woman eventually gets adjusted to it.However, research indicates that marital rape often has severe and long-lasting consequences for women.India as a nation is based on the theory of equity, but it is appalling to notice that even now in the 21st century it has still not recognised the right of a woman to include marital intercourse as a component of equality. There is a clear absence of legal provisions regarding marital rape and therefore, the victims have the only resort of going to court. Courts have time and again applied various methods to identify marital rape and have given strict punishments but the lack of legal provisions ties their hands and they are bound by the letter of law. They cannot hence describe �forceful intercourse by a man upon his wife� as marital rape. At this juncture it is necessary to examine the law of Rape in India.