Sociological Dimensions of Rape within Marriage Vis A` Vis a Married Woman’s Right to Her Own Person

Abstract

Legal thinker, William Blackstone wrote in late 1760’s that “by marriage the husband and the wife are one person in law; that is, the very being or legal existence of woman is suspended in marriage”. Reflecting upon this principle, a married woman’s legal identity would merge with her husband’s, where she had to abdicate her right after marriage. The institution of marriage became central to debates about the position of women in the nineteenth century, in which gendered and classed notions of equality restricted women’s rights within marriage. This article explores the sociology of marriage and various obligations imposed either by societal values or norms on the husband and the wife. It briefly discusses concepts related to marriage, such as – marital unity and authority, right of chastisement, rights of individuals within marriage and domestic/intimate partner violence. It also deals with the concept of right to equality and a married woman’s right to her own person in relation to her marital obligations.