Marital Rape - Myth, Reality And Need For Criminalisation.

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Vanshika Tiwari
Apr 18, 2019   •  97 views

"He pushed me onto the bed and jumps on me as if 'making love’ to him wasn't an option but an obligation"

The question that is most often raised is 'what is marital rape?' followed by the question, 'how can a husband rape his wife?'. This implication is not how can man act in such a horrific way towards his partner, but how can such action really be called "Rape", if the couple is married.

What in a real sense Marital rape is - it is non-consensual sex in which the perpetrator is the victim’s spouse. In simple words, forcefully having sex with your partner without their 'consent'.

According to Section 375 of the Indian Penal Code: which defines rape, has in it an exception clause which says " sexual intercourse by a man with his own wife, the wife not being under 15 years of age is not rape".

Shockingly, it unequivocally avoids marital rape from the ambit of conviction.

All property, succession, and economic rights in India reflect that a woman is the 'property' of men - her father before marriage and that of husband after.

Judicial Aspect Of Marital Rape

Marital rape in India reflects the same. The issue of marital rape - in India, has shown a giant loophole in the country's judicial law. If we look into the judicial aspect of India, it clearly states that "sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape" - under section 375 of IPC. Section 376 provides for punishment for rape which is not less than 7 years and may extend to lifetime or both.

Indian laws have failed to provide proper protection to women. They are still treated as the property of her husband and he has all rights to exploit her and no remedies have been provided under the umbrella of law. Though a husband's violent and non-consensual act of intercourse may entitle a wife to bring an action for criminal assault, the incorporation of principle of liability for marital rape in our penal law is not present.

This prima facie violates ARTICLE 14 and ARTICLE 21 of the Indian Constitution. Non Criminalisation of marital rape is the major concern in the Indian legal system.

Conclusion

Several women across the country suffer sexual abuse and rape by their husbands and there is no law to give them justice. Women are often victim's of the regressive mindset of their husbands and society, but there is no law to protect them. Forceful intercourse is nothing but a crime, no matter who the perpetrator is.

It is time that the government stops putting different categories to rape. Rape is rape! Whether committed by a stranger, an acquaintance, or even by husband. Indian law needs to remove the special provision given to some rapists and accept that marital rape is the reality that thousands of women suffer from.

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