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THE MARITAL RAPE EXCEPTION: WHY CONSENT CANNOT HAVE AN EXPIRY DATE

Authors: Vaishnavi Upadhyay;

THE MARITAL RAPE EXCEPTION: WHY CONSENT CANNOT HAVE AN EXPIRY DATE

Abstract

It's well said 'for once you can take out patriarchy from society but never the society from patriarchy' We have come far from adapting various habits, different culture, technology however the one thing that left in pace is a society where patriarchy is glorified and women are always seen as submissive to men. Where marriage is seen as a contract for consent. For women the right to say 'no' disappears after her marriage, as if her consent has an expiry date. For over hundred years women have fought for their rights but still at the Our legislature and judiciary have significantly made laws regarding women protection, however certain areas remain unhindered, from which one of them is Marital rape of women, the marital rape stands for a non-consensual sexual intercourse done by one spouse to other. When a woman is raped by a stranger it is considered as an offence however when if she is raped by her husband the law forgives him.

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