Marital Rape Research Paper
THE RESEARCH PROJECT
The Discourse Of Marital Rape
Kritika Jain LL.B, L.L.M-
FACULTY OF LAW Delhi University
0.1 INTRODUCTION
Marital rape can be described as a serious violation of a woman’s bodily integrity and United Nations convention in the elimination of all forms of discrimination against women has included marital rape in the definition of gender based violence. India is one of the signatory to it and still we are, miles away from even acknowledging it let alone bringing separate legislation
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With the status quo being maintained on the issue all promises of safeguarding women’s interest seems hollow. There is a need is a need to change the traditional view that perceives the act of violence against women as crime against honor and morality instead of against her self-determination.
0.4 REVIEW OF LITERATURE
Marital rape was rarely mentioned in social science literature until recently. Even feminist
Analysis of rape has given little attention to marital rape. The first article to appear in a scholarly journal on the subject of marital rape was Richard Gilles’s" Power, Sex and
Violence: The Case of Marital Rape, “published in 1977 (Russell,1990).In this article, Gelles
Raised the issue and highlighted the need of research on it. He further discussed the
The general perception of society regarding wife, sex and family and discussed
The areas to be focused .Later several researches come out on the issue in the west. The
Landmark is Russell’s(1990)studies on “Rape in marriage”. It is the foremost study
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0.5. Research question
1. To examine whether the legal regime is saving the evil of marital rape in directly?
2. Analyze the Domestic Violence Act, 2005 and to what extend it is sufficient in curbing marital rape?
3. Evaluate the conflicting interface of marital rape vis-s-vis protection of children from sexual offences Act 2012 and Indian penal code?
4. The relation between the issue of marital rape and divorce?
5. Why marital rape is still not recognized as a crime in many countries?
0.6. Methodology
Doctoral approach will be employed in doing the research as case laws, doctrines; concepts will be analyzed in the paper. International conventions, international tribunals, resolutions and recommendations of international organizations will prove helpful in doing primary research work. Apart from these principles, concepts, peremptory norms, customary law will also be treated as primary as well as secondary sources of the research work.
0.6
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