MARITAL RAPE
January 30, 2022 2022-01-30 4:55
MARITAL RAPE
SHOULD IT BE CRIMINALISED ?
What is Marital Rape?
- Marital rape can be defined as sexual intercourse with one’s spouse without his/her free consent.
LEGAL SCENERIO
- Rape whether marital or non-marital leaves the same consequences on the victim. If a raped girl and a raped wife both pass through a same physical, psychological and emotional trauma, it is only logical to criminalize both. For when you rape a woman you destroy a woman but when you rape your wife you destroy a home. It is worth meaning in passing that rape according to the National Sexual Violence Resource Centre is the most under reported crime.
- Marital rape is not criminalized under any law in India. Section 375 of the IPC clearly denies that spousal rape is rape.
Marital rape should be criminalised because:
- It allows sexual and physical abuse of women in disguise.
- It allows rapes under the veil of marriages which are termed as sacred and sacrosanct in India.
- Women are compelled to remain silent and suffer endlessly due to society and culture.
- Sexual violence violates human rights, irrespective of the relationship between the criminal and victim.
- Its ban will help in empowerment of women in the society and help in reducing high suicide rates among Indian housewives.
Marital rape should not be criminalised because:
- It will be tough to prove marital rape. There can be some cases where women could use it wrongfully against their husbands.
- Deep rooted social and cultural values regarding marriage.
- In India, women do not get penalized for filing false cases in general. This loophole will encourage more women to file false marital rape cases.
Comments (2)
Arnab Bhattacharjee
Raped victims are victims of violence, and the fact that the perpetrator and victim are married enhances the severity of such cases. Merely because the accused is husband and victim is wife, the offence of rape cannot be called off and be categorised as forced rape resulting in domestic violence. we have to keep in mind that Rape is Rape , be its marital or non- marital , every time the victim is woman
Anuska Roy
Yeah I can say that today our medical science is going too up day by day, so If a wife come and say that she have been raped by his husband, proper medical checkup should be done then it will be clear whether its a rape or not. Rape is rape, its nothing whether a girl is married or unmarried and marriage is not a certificate which states that you can do anything with your spouse.