Legal Provisions Against Matrimonial Cruelty

Authors: AJAI VEER

Country: India

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Abstract: The traditional belief that marriage provides a husband with the license to rape, thereby exempting him from any prosecution for raping his wife is evidenced by the above quote. Outlawing this traditional notion, Justice Brennan of Australian High Court, observed in 1991 that “the common law fiction has always been offensive to human dignity and incompatible with the legal status of a spouse”2. Surprisingly, India has refrained from outlawing marital rape even though it is most common and repugnant from of masochism in India society, which remains hidden behind the veil of marriage. Research indicates that merital rape has severe and long lasting consequences for women, both physical and psychological.4 Physical effects include injuries to private organs, miscarriages, stillbirths, bladder infections, infertility and the potential contraction of sexually transmitted diseases like HIV/AIDS. Women raped by their partners also suffer severe psychological consequences such as flashbacks, sexual dysfunction, and emotional pain for years after volence.

Keywords: --

Paper Id: 230973

Published On: 2018-02-01

Published In: Volume 6, Issue 1, January-February 2018

Cite This: Legal Provisions Against Matrimonial Cruelty - AJAI VEER - IJIRMPS Volume 6, Issue 1, January-February 2018.

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