Criminalization of marital rape – A boon or a bane

In a country like India, where on one side, women are worshipped as Goddesses in temples and on the other side women are raped, humiliated in every corner of the society. Among all crimes against women, RAPE is considered to be one of the heinous crimes. In one of the cases, Bodhisattwa Gautam v. Subhra Chakraborty (1996) 1SCC 490, the Supreme Court of India said that rape is a crime not only against a woman but against the entire society. Further, it also stated that " Rape is thus not only a crime against the person of a woman (victim), it is a crime against the entire society. It destroys the entire psychology of a woman and pushes her into deep emotional crisis. It is only by her sheer will-power that she rehabilitates herself in the society which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim's most cherished of the Fundamental Rights, namely, the Right to Life contained in Article 21. To many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. The rape laws do not, unfortunately, take care of the social aspect of the matter and are inept in many respects. " Even though in many judgments, the Supreme Court has expressed similar view for rape but when the question comes regarding marital rape, even the highest Judiciary and the Constitution not only fails to consider the gravity of the marital rape but also violates one of the essential and vital rights of the women i.e. Right to Dignity and Right to Privacy by making bias law against married and unmarried women. Through this paper, researcher will discuss about the gravity of marital rape and its need for inclusion in the penal laws.

Thomas Reuters, 2020

In the chapter “Criminalizing Marital Rape in India” , authors have examined the issue of criminalisation of marital rape by evaluating various policy considerations which are identified as the dignity of an individual, sexual autonomy, institution of marriage and undesirable criminalization. The essay has also made an attempt to determine the judicial attitude in interpreting existing rape laws. Based on judicial attitude, policy considerations, existing legislative framework to deal with rape offences and definition of marital rape given by Justice Pardiwala it is suggested that the force rape, non-consensual unnatural offences etc. can be easily criminalised. However, as far as non-consensual sex is concerned it is desirable to criminalize the same.

MARITAL RAPE: -NEED FOR ITS CRIMINALISATION IN INDIA, 2020

Matrimony is a sacred bond that ties two people, and two families, together. But if this matrimony is without consent or the people involved in the marriage are not content, then it can turn sour. Our society is inclined towards a patriarchal system from the ancient times of hunting and gathering. So, it comes as a natural nature for men to display emotions of dominance. Looking around the globe, law and order has a huge role in prescribing and limiting standards for human conduct. Under the Indian Penal Code, 1860, the laws have been made and appropriate punishment for the same has been provided. But what most of the people fail to comprehend is that these laws were made by the British a long time ago. At that time Marital Rape was not considered a crime which can be one of the reasons why it was exempted under the penal laws. This research paper substantiates and focuses solely on evolution of the rights for women; mainly the effects of Marital Rape; and the reasons how it is in violation of the Constitution of India.

2021

Sexual ferocity is defined as the action of divulging somebody to a sensual conduct without one’s accord. It comprises of a large range of behaviours from touching to raping. The mainstream of the sufferers are women. Rape is the act of having erotic intercourse with an individual without consent. The notion of marital rape has been unnoticed for years because of the philosophy that endorses men have the right to treat their spouses as they desire and the wife must provide her man with all his requirements. These days with the variations and progress in the notion of marriage, the upsurge in the consciousness of the society and the understanding of the idea of violence against women; it has been understood that sensual intercourse should be equally desired by both parties of the married couple. Or else it should be well-thought-out as sexual assault.The aim of the research paper is to review the medical, social and legal aspects of marital rape, to present the existing situation abo...

International Journal For Multidisciplinary Research, 2023

Marital rape is an evil practice in India. Domestic violence is not less or part of violence. Usually, victims of domestic violence are married women. The biggest threat to gender justice in India. Domestic violence has been around for centuries, but in the past women were not considered independent legal entities that could speak out or feel that what happened to them was wrong. Since then, domestic violence is not considered rape by Indian society. This is rarely resisted in society for various reasons. Domestic violence refers to violence perpetrated by the victim's partner. In the past, girls always thought that what their husband did was right, so they didn't think it was wrong or unfair. Indian lawmakers have been silent on the issue so far. The legislature of India has been given the most difficult task of enacting laws under the constitution of India for the safety, security and development of the country. But the legislature is not very interested in eradicating the crime of domestic violence from the community. So, in order to know more about marriage, let's learn its meaning and historical background and how the laws of different countries treat the human rights of marriage.

2021

Her friends used to tell her it wasn't rape if the man was your husband. She didn't say anything, but inside she seethed; she wanted to take a knife to their faces."-F. H. Batacan Marital rape or spousal rape is an unwanted intercourse by a man with his wife obtained by force or physical violence, or when she is unable to give consent. It is considered a form of domestic violence and sexual abuse in many countries. In the most famous, Late Justice J.S. Verma Committee the committee held that a marriage license should not be viewed as a license for a husband to sexually exploit his wife. A married woman has the same right to over her own body as any other woman in the country. Under the Indian Constitution, the Act of Marital Rape violates Art 21 as it is in violation of an individual's right to live with human dignity, right to sexual privacy and also right to bodily self-determination. Therefore in light of the above mentioned aspects, this paper would emphasis on the need of a marital rape law in India.

2015

Historically, the term rape is derived from ?raptus? which implies violent theft, applied to both property and person. Thereby, a woman?s abduction or sexual molestation, merely used to be the theft of a woman against the consent of her guardian or those with legal power over her. The injury was, therefore, against her father or husband, women being wholly owned subsidiaries. Marriages in India are considered as a sacrament. Matrimony binds the wife to her husband in such a way that she is duty-bound to submit to his wishes. Marital rape refers to intercourse that a husband has with his wife against her will. In India, this concept is rejected by the law, because it is believed that a woman who has married a man has impliedly consented to having sexual relations with him. Unless a woman is below the age of 15, she cannot be ?raped? by her husband. As a consequence, it is not a crime to force your wife into sexual intimacy. Statistics indicate that marital rape and related offences (...

The act of one spouse having non-consensual sexual relations with another, known as marital rape, has long been a prevalent yet underappreciated problem in Indian society. The prohibition of marital rape is still a controversial and unresolved issue in the Indian legal system, notwithstanding recent progressive legislative developments. This essay critically analyses the pressing necessity for marital rape to be made a crime in India, taking into account the effects it would have on social justice, human rights, and gender equality. Based on an extensive analysis of extant literature, legal statutes, and case studies, this paper investigates the legal, historical, and sociocultural elements that contribute to the continued occurrence of marital rape in India. To sum up, this essay argues that making marital rape a crime is a crucial step towards protecting married women's fundamental rights, combating gender-based violence, and promoting a fairer and more just society in India. It demands immediate legislative action, public discussions, and policy changes to end the culture of impunity that permeates society and holds married rapists accountable.

International Journal of Public Law and Policy, 2021

As per data published by the National Family Health Survey 2015-2016 which receives technical guidance from the Ministry of Health and Family Welfare, Government of India, 83% of married women between the ages of 15 and 49 who have suffered sexual abuse cite their current husbands as the perpetrators. The hard truth that emerges from this figure is that a large number of crimes against women in India takes place in their respective homes. The issue of marital rape in India is one example of violence against women where the victim suffers both physically and psychologically at the hands of somebody close to them. But unfortunately, marital rape is not recognised as a crime under the Indian law. The present paper focuses on examining some of the vital socio-cultural and legal reasons that play a significant role in prohibiting criminalisation of marital rape in India.

Recently when the Bill to criminalize marital rape was introduced in India, it was turned down by the Parliament. According to some of the Parliamentarians, marriage is a sacred institution and touching it will leads to breakdown of marriages. They are of the view that India should be proud of its culture because `the nation has low divorce rates’. Statements have been issued against criminalizing marital rape without acknowledging the fact that most marriages in India survive because women silently endure violence and abuse within such relationships. The culture of `silence’, `tolerance’, `adjustment’, `compromise’ among women is propagated to `save and respect the `honour’, the `pride’ and the `values’ of the Indian family overlooking the fact that incest, violence, suicides, murders are the price women pay. On the other hand there is a men’s group which is lobbying fiercely to highlight the fact the law against domestic violence has been misused by women and therefore should be diluted. They further propagated that the enactment of penal law against marital rape will also be abused by women. According to such arguments, a woman, who is not docile, subservient or compliant and complains about the continuous abuse within the conjugal relationship is an anti-family warrior breaking the sacred bonds while converting bedroom to a battlefield. Both the groups ignore the reality that most cases of emotional violence, sexual abuse, physical assault, mental trauma, all takes place within this `sanctified’ territory because women are powerless and vulnerable and have been socialized to be pliant, obedient and subservient. This essay attempts to unpack the everyday possibility as well as reality of the lives of women in the light of backlash on women’s rights and looks at the debate on criminalizing marital rape from the gender perspective. It concludes that this concept needs to be examined in the larger perspective of violence against women and should be dealt accordingly.