Marital Rape- A non criminalized crime in India- (Blog)


Introduction

Legislation is always side stepping its obligation. Speaking about marital rape it is still a hot button issue. The center of discussion today in this platform is why still marital rape is not recognized as a criminal offence. There is still no strict laws for marital rape. Rape is an offence against women. It is nothing but encroachment of dignity without her consent.  Now its time to make bring everyone into conscience that if rape is termed as “genus”, then marital rape is its “species”. Though it has been running from very past in our Indian society and hidden behind the cover of marital status and sexual desire, it is also considered as a heinous crime. India is one among the 36 countries which did not agree marital rape as a criminal offence. As per current law, wife is presumed to deliver perpetual consent to have a sex with husband by entering into marital bond. There are various writs challenging constitutional validity of exception 2 of section 375 of IPC.

What is Marital Rape & status in India?

As per Oxford dictionary, “the rape committed by the person to whom the victims are married is marital rape.” In simple words it is sexual contact with the wife against her will or consent or her consent may be obtained by using force. The worried part is that still it not recognized as criminal offence in India and so many countries in the word. In India it is only known as domestic violence and sexual abuses but not a crime. The provision of rape is criminalized as per s 375 of IPC. And marital rape is an exception to section 375. It also states that sexual intercourse with his wife is not a rape. For any action to be considered as rape, the relationship between victims and the rapist is not the concerned point. Then why legislatures they are taking shelter under s 375 and considering the married status is clueless??  Social practices and legal provisions in India mutually declare the denial of women sexual agency and bodily privacy which actually core of human right of women.

Reason why marital rapist is still sheltered in India:

·         Lack of laws –

 No Indian law speak about marital rape as it is considered as legal. But exception is there under section 375 of IPC which makes it clear that husband engaging any sexual act towards his spouse who is below the age of 15 is covered as rape or sexual harassement.

·         Family pressure and social strain –

 As per Hindu law, marriage is sacrament, which is toed which cannot be broken even after a death. Belief in such ideologies makes women to get pressurized that they don’t speak out about their sufferings and trauma which they undergo. From the initial stage the term ‘consent’ is not anywhere focused when it turns into part of women or wife.

·         Economic dependence-

As of now situation is changing, but still in certain parts of the society women are still dependent over her husband and in laws. These women are not in a position to protect themselves from such a wrongful practice and she tolerates everything for the well being of the family in the society.

Statistics analysis

It was generally observed that 40% women in India are subjected to marital rape by her own husband. According to the survey which was taken in 2103, around 27,515,391 women aged fifteen to forty nine years suffer from sexual torture by their husbands in India. Among this 2,522,817 victims are in the age group ranging from 15 to 19 years of age. Although it gets registered in hospitals, they rarely report these happenings because it is excluded from the definition of rape in section 375 of IPC. The pathetic condition is that out of so many cases only 1% is reported.

Conclusion

After seeing all this the only answer which we get is “no”, because marital rape is still not recognized as a crime in India. Let’s make everyone aware that marital rape is a grave crime constituted against a married woman and before the government takes any step lets first tell our fellow brothers, fathers, boy friends that marital rape is a sin. Marrying doesn’t mean that giving consent for physical and mental torture to ones own self by fulfilling the sexual desire of the person to whom they are married. There is demand from all the side now the need to amend the definition of rape. The temples of justice might appear to be a baronial mansion but are inwardly warrens. Therefore stringent punishment must be imposed against the men who sexually torture their spouse.

- Shivanjali M. Mane

KLE Law College,  Chikodi.


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