What is Marital Rape? Criminalising Marital Rape in India
Keywords:- Marital Rape, rape, criminalise, husband, marriage
AUTHOR: SONALI SINGH
INTRODUCTION
In the Indian Penal Code 1860, According to Section 375,
Rape is classified as a heinous offence against women’s gender. This section, on the other hand, does not apply to marital rape, which is recognised as an exception under this Act.
Rape is one of the most widespread crimes against women in Indian civilisation. It refers to any sort of sexual penetration or intercourse that takes place without the other person’s consent or knowledge. A woman is raped every 20 minutes in India, according to a study. According to Oxford Dictionaries, “to force someone to have sex when they are unwilling, using violent or threatening behaviour.”
MEANING
Rape has long been regarded as a big problem all across the world. Marital rape is defined as when two people are in a legal matrimonial connection or have a legal union. And the wife is compelled by her husband to engage in sexual intercourse without her consent or permission. Other titles for it include sexual harassment and sexual pressure on a spouse.
Particularly in India, marriage is regarded as one of our culture’s most precious, pure, and respected institutions. A woman’s ability to warn society about her husband’s rape is practically difficult since no one will stand by her side because society is terrified of “what others will think.” When a woman consents to a married connection, it is also assumed that she consents to sexual intercourse with her husband. One of the main grounds for granting an exception under section 375 of the IPC might be this.
EFFECTS OF MARITAL RAPE
Marital rape has a significant impact on a woman. It has long been assumed that if a woman is raped by her boyfriend, it is less painful for her, but this is a fallacy. Because the rapist is her spouse, with whom she had anticipated living a lifetime of bliss. Research suggests that marital rape has more severe and long-term implications for women.
The consequences of marital rape can be divided into two categories:
1. Physical Effects
Injuries to private organs, bruising, torn muscles, lacerations, tiredness, and fractures are all physical effects of marital rape. Women who have been subjected to physical assault as well as rape face additional problems such as bruised eyes.
Due to marital rape, women also face gynaecological issues such as miscarriages, infections, infertility, and the risk of obtaining sexually transmitted illnesses such as HIV.
2. Psychological repercussions
There are no words to describe the agony a woman experiences when her spouse rapes her repeatedly. The psychological impacts are far worse than the physical symptoms; for example, shock, dread, post-traumatic stress, suicidal impulses, and so on are some of the short-term psychological effects. Eating disorders, depression, and sexual dysfunction are some of the long-term impacts.
Men’s drive to display superiority over women is the most common motive for marital rape and other crimes against women. The husband’s sexual deviance could also be an issue.
Our patriarchal and male-dominated socioeconomic system is the primary cause of pervasive gender inequality; which leads to the marginalisation of women in society. Women have never been accorded the same rank and importance as men in our culture. They do not enjoy the same rights as men. This provides men with an unfair advantage over women, which is widely exploited.
Marital rape is a form of domestic abuse in and of itself. Physical abuse, emotional abuse, mental abuse, social abuse, financial abuse, spiritual abuse, and the use of masculine privilege are all examples of forced and brutal domination. Wives who have been subjected to such sorts of abuse may question their worth or sanity and may lack self-confidence. Women have traditionally been considered the property of their husbands. But individuals who have been raped by boyfriends, fiancés, and live-in partners can attest that ownership of a woman does not need the exchange of wedding rings.
TYPES OF MARITAL RAPE
Legal academics have identified the following three types of marital rape as being widely frequent in society.
• Battering Rape: In battering rapes, women are subjected to both physical and sexual violence in their relationships. Which manifests itself in a variety of ways. Some women are abused during the rape, or the rape may occur after a physically violent event in which the husband seeks to make amends by forcing his wife to have sex against her will. The vast majority of victims of marital rape fall under this category.
• Force-only Rape: In force-only rape, husbands employ only the amount of force required to persuade their wives; battering is not always present in these marriages. The assaults usually occur after the lady has declined to engage in sexual activity.
• Sadistic or Obsessive Rape: Other women are subjected to what is known as sadistic or obsessive rape. Which involves torture and/or strange sexual practices and is frequently physically violent.
A COMPARATIVE STUDY OF MARITAL RAPE LAWS
Marital rape is a common problem for women that have persisted for ages all across the world. Despite this, marital rape has received relatively little attention from social scientists, legal practitioners, the criminal justice system, and society as a whole. However, after analysing the need for legal reforms regarding the penalization of various crimes against women, particularly married women. Various countries have recognised this as a crime with severe consequences. In eighteen American states, three Australian states, New Zealand, Canada, Israel, France, Sweden, Denmark, Norway, the Soviet Union, Poland, and Czechoslovakia, marital rape is prohibited.
Laws in India
Marital rape is defined as any undesired intercourse or penetration gained by force, the threat of force, or when the woman is unable to consent, as previously stated. Marital rape is de facto and de jure in India.
In India, sexual offences against women have become a very serious topic. Following the Delhi Gang Rape Case, the Indian government attempted to draught and execute stringent legislation aimed at ensuring women’s protection. Even though it has been classified as a crime, marital rape is yet to be recognised as such.
Article 14, Constitution of India
“Equality before the law,” says Article 14 of the Indian Constitution. It prohibits the state from discriminating against citizens on any basis, but it discriminates against women when it comes to defining marital rape as a crime. A married girl under the age of 15 years has the right to accuse her husband of marital rape. If he forces her to have sexual intercourse with him without her consent or will, except Section 375 of the Indian Penal Code. The question arises as to why this right is restricted after she reaches the age of 15. Marriage does not grant the male the ability or authority to rule the female and satisfy his sexual desires.
Furthermore, the provision under Section 375 of the Indian Penal Code is contradictory in and of itself. Because the Hindu Marriage Act of 1955, Section 5 (c) (iii), states that a girl must be 18 years old to marry. As a result, there are inconsistencies in the laws in India.
Article 21, Constitution of India
“Protection of life and personal liberty,” says Article 21 of the Indian Constitution. The constitution mentions the right to live with personal liberty and dignity. But if a woman is coerced into having sexual relations with her husband. The validity of her right to personal liberty is called into doubt, and her dignity is jeopardised. The exception to Section 375 of the Indian Penal Code infringes on this right, which is guaranteed to all women.
According to Article 51A(e) of the Indian Constitution, it is the fundamental duty of every Indian citizen to abstain from actions that are insulting to women’s dignity.
The Indian judicial system’s failure to recognise marital rape as a crime is a mistake; there is an urgent need to outlaw marital rape in India. It infringes on the fundamental rights of women provided by the Indian Constitution.
WHY ISN’T MARITAL RAPE STILL CONSIDERED A CRIME?
So far, the only issue that comes to mind when describing marital rape is why, given that everyone is aware of the subject and the difficulties faced, marital rape is still not recognised as a crime in India. The Verma Committee, a three-member panel created to improve India’s sexual-assault legislation in the aftermath of violent gang rape in 2012, recommended criminalising marital rape as well. Marital rape should be made a crime, according to the Justice Verma committee, which is a prominent demand of women’s rights activists. The IPC, according to the committee, should distinguish between rape within and outside marriage. Sexual intercourse without consent is banned under the IPC.
However, there is an exception to the crime of rape in the case of unconsented sexual contact between a husband and his wife. The exception for marital rape should be deleted, according to the Committee. Marriage should not be viewed as a binding agreement to engage in sexual behaviours. As a result, the victim’s relationship with the accused should not be considered when determining whether the complaint agreed to the sexual conduct. This idea was rejected by the then-government, which was governed by the Congress party. At the time, a group of MPs opposed the measure, arguing that it had the “potential of shattering the institution of marriage” and that “if marital rape is made illegal, the entire family system will be put under severe stress.” In 2013, the government passed a new sexual-assault statute that exempted marital rape from punishment.
CONCLUSION
Marital rape is one of the most heinous crimes against a woman’s dignity, yet receives little public, academic, or judicial attention. It’s horrifying to think that if a woman is raped by her husband, she won’t be able to seek protection under Indian law. Marital rape tarnishes the sacredness of marriage. Domestic violence that is not justified by consent is known as marital rape.
Various jurisdictions around the world have either criminalised or are in the process of criminalising marital rape, shattering the chains of traditionalism. A wife who has been raped by her husband is expected not merely to remain silent about the abuse. But also to learn to live with it and stay in the same house as her spouse. Worst of all, the woman will have to live with her rapist, who appears to be her husband, for the rest of her life. Changes to the relevant marriage laws should be made as well.
Modern women should be psychologically prepared and aware of such atrocities in today’s world. Women must be informed about their legal rights. “If you don’t enjoy being a doormat, get off the floor,” Al-Anon famously quipped. Women who are subjected to such abuse should have the courage to speak out.
In the current situation, marital rape can only be seen as legally lawful rape, obviating the need for the woman’s permission. It is past time for India’s legal system to pass legislation criminalising marital rape to protect women’s dignity.
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