Marital Rape: A Need for a New Legislation in 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...

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.

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.

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.

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.

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.

AEGAEUM JOURNAL, 2020

Marital Rape is an offence where the spouse is the victim of sexual conduct without consent and free will. It is recognized in various western and european countries as a crime and penal offence. India refuses to acknowledge Marital Rape as a Crime after the recommendation of the United Nations Development Programme. Critics have often slammed this concept as a part of Western Civilization and doesn’t adjust with the Indian Civilizations as both are culturally opposite. The Indian Penal Code,1860 has a prominent provisio i.e., section 498A which doesn’t recognise marital offence explicitly because it states about infliction of cruelty and Indian Social Concept of Marriage has considered sexual conduct an act for procreation of child which is not an infliction of cruelty because it doesn’t cause grave injury. There is another provision of rape that considers forced sexual conduct as rape of an wife under the age of 15. There is no Penal Provision in IPC which recognizes Marital Rape as an Criminal Offence. The Indian Domestic Violence Act lets women take legal recourse for Marital Rape Victims.The UN statistics have found that women from the age of 15-49 are mostly the victims of Marital Rape. In India, Marriage is considered an sacrament in Hinduism and the relations of a spouse is of one person because after solemnization and cohabitation of the spouse they are considered one person in the purview of law. The commencement of the Marriage is considered as the spouse giving free will to Marital responsibility including sexual conduct as per Religious Texts and Holy Books.

LAW AND LAWYERS, 2020

Ferocity is at its worst demonstration when it occurs within the rim of a family. Rape within the bounds of marriage is a notion that can fret any woman to the very core. The dread of having suffering silently through is an unbearable thought. This self-imposed silence not only has deleterious reverberations on the emotional level, but also disturbs the mental stability of a woman. However, if looked at precisely, this silence is not exactly self-enforced. The enforcement makes its way through the shortfalls of the laws and the existence of social stigmas resulting in the concealment of a heinous crime behind the ‘saintly’ nature of a marriage. This paper focuses on highlighting the practice of marital rape, gives an account of the legality of marital rape laws, looks within the social extremity of marital rape, and attempts to frame a reference to human right stance. It also offers a comprehensive view of the legal complexities of the already existing laws - Section 375 (exception 2) of the Indian Penal Code, 1860. It will only be complying to say that minimal criminalization of this crime will not be enough to terminate its dreadful plight, but it will surely act as a predominant stride towards altering a woman’s encounter with sexual violence and dominance. It is high time for the abstraction of “rape is rape, irrespective of the relationship between the victim and the perpetrator” to get acknowledged by judicial structures and be put to strict force, breaking off all the uncorroborated patriarchal claims of men over women.

Marital rape violates the right and dignity of a married woman and breaches the trust of wife. Even then, it is not criminalized as rape in India. This perception reinforces the concept of objectification in which a married woman being considered as an object or the property of the husband. It give rise to the question, if a married woman has right to save her body from the lust of her husband. No doubt the purpose of the marriage is to provide right to have sex with wife. Marital rape refers to redundant intercourse by a husband to his wife without her permission obtained by force to intimidation or when she is unable to give consent. The main purpose of this paper is to find out as to whether sex without the consent of wife should be considered as rape. This is an attempt to expose the discrimination, and fallacy of the criminal justice system in India and it provide arguments, reasons necessitating criminalization of marital rape with case studies of married women at selected Taluk of Tamil Nadu India.