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.