Marital rape law comparison with Usa.pptx

Regarding marital rape

1. SCHOOL OF LEGAL STUDIES, REVA UNIVERSITY Marital Rape: A Cross- National Comparison (India, UK, USA, and Canada) Marital Rape: A Cross- National Comparison (India, UK, USA, and Canada) SUBMITTED BY: R19BL021 DIPALI PANDEY UNDER THE GUIDANCE OF: PROF. SANJAY SCHOOL OF LEGAL STUDIES, REVA UNIVERSITY

2. TOPICS OF DICUSSION BACKGROUND . STATEMENT OF PROBLEM. RESEARCH OBJECTIVE. RESEARCH QUESTIONS. RESEARCH METHODOLOGY. LITERATURE REVIEW. RESEARCH SCHEME. (CHATERIZATION)

3. BACKGROUND Women and girls experience an array of physical and sexual kinds of violence, such as rape, beatings, and killings committed in the name of honour. As "United Nations Secretary-General Kofi Annan" accurately stated, "Violence against women is perhaps the most egregious violation of human rights." It disregards any barriers, be they racial, cultural, or financial. We cannot sincerely claim to be moving in the direction of equality, prosperity, and peace as long as this persists. Marriage has traditionally been viewed as a sacred bond between two individuals who promise to stay together no matter what happens. But what if the person you trust with your life is also the one who rapes your loved one? That is, what would happen? In short, any sexual action that a partner or spouse engages in with their significant other without her consent or under duress can be classified as "marital rape." In India, there is debate around marital rape since it is not accepted by society as a separate crime since it is always assumed that permission was granted at the time of marriage. There are numerous socio-legal issues that contribute to India's continued lack of criminalization of marital rape.

4. STATEMENT OF PROBLEM It has traditionally been believed that marriage is the sacred union of a man and a woman. Married men and women are frequently seen as one person, and their link or relationship is seen as pure and safe, allowing each partner to be who they truly want to be without fear of rejection. Dependency, love, and purity are the qualities that people believe marriage offers. We are studying the past of marital rape and what constitutes marital rape through this research. Research will look into the laws of nations like the UK and Canada on marital rape and attempt to develop laws for India in order to further examine the judicial position of India and its view on marital rape and its criminality through the analysis of judgements.

5. RESEARCH OBJECTIVE The research is conducted to achieve the following objective- To analyse the history of marital rape in India To analyse the laws of countries like the UK, USA and Canada for comparison To suggest measures for what can be done in India regarding the laws of marital rape

6. RESEARCH QUESTIONS What is the stance of the judiciary on the crime of marital rape? What is the history of Marital rape? What is the concept of Consent ? What measures can be taken to legalize Marital rape in comparison to other countries which have legalized spousal rape?

7. RESEARCH METHODOLOGY The design of doctrinal research has been modified. The Indian judiciary's position on the decriminalisation or criminalization of marital rape has been examined using this method. The requirements of the current Indian laws are examined in light of the rulings and viewpoints of judicial officers about marital rape. A wide range of main documents are used, including World Health Organisation legislation, Indian penal and criminal process codes, United Nations publications, numerous court rulings, committee recommendations for comprehending marital rape, and the Indian Constitution. To prepare for the study, a variety of publications, journals, research papers, comments, online journals, and reports are used as secondary sources. These materials analyse the current state of marital rape in society.

8. LITERATURE REVIEW Married but not legally wed: By Charu Walikhana and Jyotica Kalra “The social and legal paradox relating to marital rape in India : By Shalu Nigam Marital rape in India: a socio-legal analysis: By Amit Anand, Preethi N agaveni and Tripti Bhushan “Marital rape in India: a critical study, analyse the meaning and history of marital rape, the Indian legislature, and laws in respect of the Indian society” By Dr. Raj Kumar and Manish Dala “Marital rape: License to rape or not?” gives a broad review of marital rape: By Ketan Tewari and Mansi Bishti

9. RESEARCH SCHEME Chapter 1- INTRODUCTION TO MARITAL RAPE Chapter 2- EVOLUTION OF RAPE LAW IN INDIA Chapter 3- LEGAL FRAMEWORK RELATED TO MARITAL LAWS IN INDIA Chapter 4- ROLE OF INDIAN JUDICIARY IN MARTIAL RAPE Chapter 5- A COMPARATIVE STUDY OF RAPE LAWS IN INDIA – UK,USA AND CANADA Chapter 6- CONCLUSION AND SUGESSTION