MARITAL RAPEJanuary 30, 2022 2022-01-30 4:55
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.
- 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.