MARITAL RAPE

INTRODUCTION

In India, there are cases of marital rape, a shameful crime that has damaged people’s faith in the institution of marriage. This essay examines the practice of marital rape, the difficulties involved, and the subject from a human rights standpoint. The study examines the suggestions provided by various civil society groups to alter the I.P.C. provision in order to make the same a criminal offense. Marital rape is still a problem and has to be stopped as soon as possible. It also looks at the present legal stand available for women who face such abuse. Finally, the paper concludes with the opinion of the author on the said subject.

RAPE

The term rape originates from the Latin rapere, “to snatch, to grab, and to carry off.The Latin word rapio, which meaning “to seize,” is the source of the English word “rape.” Rape literally refers to a violent act. Rape is defined as coercing or persuading another person into engaging in unwelcome sexual activity. Demonstrating the absence of consent is a need for proving the crime of rape. It is frequently the victim’s responsibility to demonstrate the absence of consent. Rape continues to be defined as sexual contact or sexual penetration that occurs against the victim’s will.

MARITAL RAPE

Spouse rape is another name for marital rape. When we talk about marital rape, we mean the act of sexual activity that takes place between spouses without either party’s consent. This includes “unwanted intercourse by a man with his wife gained by force, threat of force, or physical assault, or when she is unable to give consent.” The wife is the victim of an illegal crime of violent perversion in which she is abused physically and sexually by the husband. Demonstrating the absence of consent is a need for proving the crime of rape. It is frequently the victim’s responsibility to demonstrate the absence of consent. This includes coerced sex and intimate partner violence. Even if it is committed by a person you are dating or married to, it is still sexual assault. Not just spouses experience intimate partner sexual violence. Whether you reside with them or not, dating partners are equally subject to this rule. The fact that the rapist is the victim’s husband does not lessen how harmful, demeaning, or dehumanizing the act of sexual assault is. It rarely occurs as an isolated episode and may be accompanied by other abusive acts. When you threaten or hurt someone you care about, you are engaging in sexual activity with them, which is regarded as sexual violence.

You may also experience sexual violence if you are tricked or forced to engage in sexual activity that you don’t want to with your spouse or another person.

MARITAL RAPE-EXCEPTION TO RAPE

According to Section 375 of the Indian Penal Code, “Sexual acts or sexual intercourse by a man with his own wife, the wife being under the age of 18, is not rape.” If marital rape became a crime, it will result in issues like the woman, who cannot always be trusted, will be the only one who can determine whether or not any sexual act a man engages in with his wife counts as marital rape. When there is no concrete evidence that the wife had sex with the husband, it is challenging for the courts to consider the evidence.

Violation of Fundamental Rights

Marital rape is also a violation of the fundamental right of women. Article 21 of the Indian Constitution states that No person shall be denied his life and personal liberty except according to the procedure established by law. Marital rape infringes on a woman’s or a wife’s right to live her life in dignity.

Article 14 of the Indian Constitution States that The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The Supreme Court ruled in Budhan Choudhary v. State of Bihar and State of West Bengal v. Anwar Ali Sarkar that any classification made in accordance with Article 14 of the Indian Constitution must pass a reasonableness test and can only pass if it has some rational connection to the goal that the act seeks to accomplish.

In the case of Suchita Srivastava v. Chandigarh Administration, the Supreme Court connected the right to sexual freedom with the constitutional rights to personal liberty, privacy, dignity, and bodily integrity .The Supreme Court has acknowledged the right to refrain from sexual activity as a basic right granted by Article 21 of the Constitution for all women, regardless of their marital status, in both of these rulings .As a result, coerced sexual activity violates a fundamental right.

MARITAL RAPE IN INDIA

In India, marital rape is still not considered a crime as of 2021.

Having sex with a woman against her will, without her consent, under duress, through deception or misrepresentation, while she’s drunk or being tricked, or while she’s mentally unstable.

Exemption 2 of Section 375, on the other hand, exempts uninvited sexual contact with a wife older than 18, making it acceptable for males to rape their wives.

According to contemporary law, a wife is assumed to have given her husband the right to have sex with them forever. In India, marital rape is the pinnacle of what is referred to as “implied consent.” Here, getting married gives a man permission to rape his wife.

ROLE OF JUDICIARY

In the State of Maharashtra v. Madhukar Narayan case, the Supreme Court ruled that every woman has the right to her sexual privacy and that no one else has the right to intrude on that privacy whenever they like. 

Sakshi v. Union of India was a case where the Supreme Court acknowledged the deficiencies. Regarding the rape law and had recommended to the lawmakers that enact modifications to the law. After the criminal law reform bill was passed, rape in 2013 was reclassified as the most heinous incidents where the parliament attempted to increase the list of the range of rape and the notion that oral and sexual activities constitute rape

CONCLUSION

In the name of marriage and marital responsibilities, these women’s fundamental human rights are being violated. As a result of the lack of legal protections for this heinous crime and the general lack of public support, many victims of marital rape suffer in secret. The idea that a woman is her husband’s property is detrimental to the status of women in India. They are helpless and forced to suffer in silence due to a lack of the required legal protections. Married women ought to receive good care and be shielded from sexual assault and other forms of harm.

This is written by AKANKSHA TRIPATHI, 3rd year student of PSIT COLLEGE OF LAW, kanpur.

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