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Beyond criminalisation : The limits of law in addressing marital rape and domestic violence

By: Shah, Stuti.
Material type: materialTypeLabelBookPublisher: Economic & Political Weekly Description: 61(18), May 2. 2026: p.29-33. In: Economic & Political WeeklySummary: Sustained carceral feminist discourse and activism have been instrumental in advocating for the criminalisation of marital rape in India. While acknowledging the normative validity of this demand, this article critically examines the inherent limitations of relying heavily on legal reform in effectively addressing deeply rooted and complex societal contexts in which domestic violence, including marital rape, occurs. By situating legal interventions within the broader structures of gendered power and inequality, the article highlights the constraints of law as a transformative tool. It argues for a more expansive and multifaceted approach to addressing gender-based violence.-Reproduced https://www.epw.in/journal/2026/18/perspectives/beyond-criminalisation.html
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Articles Articles Indian Institute of Public Administration
61(18), May 2. 2026: p.29-33 Available AR138870

Sustained carceral feminist discourse and activism have been instrumental in advocating for the criminalisation of marital rape in India. While acknowledging the normative validity of this demand, this article critically examines the inherent limitations of relying heavily on legal reform in effectively addressing deeply rooted and complex societal contexts in which domestic violence, including marital rape, occurs. By situating legal interventions within the broader structures of gendered power and inequality, the article highlights the constraints of law as a transformative tool. It argues for a more expansive and multifaceted approach to addressing gender-based violence.-Reproduced

https://www.epw.in/journal/2026/18/perspectives/beyond-criminalisation.html

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