Irrevocable Consent and Marital Rape: A Juridical Analysis in the Light of Ancient Hindu Texts

Abstract

This paper explores the complex intersection of irrevocability of consent in marriage as perceived in ancient Hindu texts and the contemporary legal and juridical debate surrounding marital rape. Examining the historical context of marriage within the Hindu tradition, we analyze the evolution of consent, particularly the notion of its irrevocability once the marital bond is established. This exploration then transitions to a critical analysis of marital rape, a concept largely absent in ancient texts, through the lens of modern legal frameworks and feminist philosophical perspectives. By juxtaposing historical perspectives with contemporary jurisprudence, this paper aims to illuminate the challenges of reconciling tradition with evolving understandings of individual autonomy, consent, and bodily integrity within the institution of marriage.