• KAMAL GOYAL

‘Marital Rape’ is a most common Non-Declared crime prevailing in our society. It is so desperating that such type of human rights violation is highly protected by our legal system by becoming silent viewer despite that it is as brutal as Polygamy, Halala and Triple Talaq. But, recently Hon’ble Supreme Court indirectly held it as ‘Violation of Constitutional Morality . It is a good but incomplete and much delayed beginning as it guarantees the ‘Constitutional Morality. Also, A bench of acting Chief Justice Gita Mittal and C Hari Shankar in the Hon’ble Delhi High Court said that in a relationship like marriage, both man and woman have a right to say 'no' to physical relations. Marriage does not mean that the woman is all time ready and also held that physical force is not necessary for constituting the offence of rape. But, Government is afraid of destabilization of institution of marriage and becoming it to be a harassment tool for husbands by making it a criminal offence. A better way is to achieve such dream by criminalizing it with the soul concept of ‘Gender Justice by the use of reformative punishments’

Marital Rape, VIOLATION OF CONSTITUTIONAL MORALITY, NON- DECLARED CRIME, HUMAN RIGHTS VIOLATIONS. SEXUAL OFFENCES

"‘CRIMINALIZATION OF MARITAL RAPE: A BALANCED STRIKE AGAINST VIOLATION OF CONSTITUTIONAL MORALITY USING REFORMATIVE PUNISHMENTS’", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 6, page no.650-661, June 2019, Available :http://www.jetir.org/papers/JETIR1907978.pdf

"‘CRIMINALIZATION OF MARITAL RAPE: A BALANCED STRIKE AGAINST VIOLATION OF CONSTITUTIONAL MORALITY USING REFORMATIVE PUNISHMENTS’", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 6, page no. pp650-661, June 2019, Available at : http://www.jetir.org/papers/JETIR1907978.pdf