Marital Rape

India is celebrating seventy years of Independence, but still the female of our country are not independent and not living truly free. Women are live under realm of darkness and fear. It is indeed a cloudy reality of India.

What is Marital Rape? Marital Rape is defined as unwanted sexual intercourse between by a man and his wife (one’s spouse without the spouse’s consent). The lack of consent is the essential element and it is obtained force, threat of force, or physical violence, or when she is unable to give consent. Marital rape could be by the use of force only, a battering rape or a sadistic rape. It is a non-consensual act of violent perversion by a spouse against his spouses where she is physically and sexually abused. It is also known as spousal rape.

LAWS : It is an important case to be a concern, while on the one side our country is celebrating some glorious decisions in the legal arena from the Hon’ble Supreme Court of India like landmark judgments in the matter of ‘Adhaar Card Case’ , ‘Triple Talaq’ and ‘Ayodhya disputes’ creating new cornerstones for the judiciary; while on the other side to the general disappointment, the Central Government has given its view against criminalizing marital rape, saying doing so would ‘destabilize the institution of marriage’.

Approximations have quoted that every 7-8 hours; a young married woman is burnt or beaten to death, or driven to suicide from emotional abuse by her husband. The UN Population Fund states that more than 2/3rds of married women in India, aged between 16 to 48 have been beaten, raped or forced to provide sex. In 2005, 6789 cases were recorded of women murdered by their husbands or their husbands’ families. However, indeed the increasing number of cases of spousal rape in our country, spousal rape is not defined in any statue/ laws.

It is to be noted that while ‘Rape'” is defined under section 375 of the Indian Penal Code, there is no definition of ‘Marital Rape’ till now and there is no reorganization of marital rape under the ambit of Indian Law. It is disheartening that such a sensitive issue like marital rape is being dismissed by the highest courts of India by giving the view that “You are espousing a personal cause and not a public cause…This is an individual case.” In the running days, a survey indicates that between 12 and 16% of married women are raped by their husbands and the incidents of marital rape soars to 1/3rd to ½ among clinical samples of battered women.

Sexual assault by one’s spouse accounts for approximately 28% of rapes committed. Women who became prime targets for marital rape are those who attempt to flee. Criminal charges of sexual assault may be activating by other acts. Marital rape is not an offence in India. Despite amendments, law commissions and new legislations, one of the most humiliating and acts is tiring not an offence in India.

Section 375 of the Indian Penal Code defines “Rape” A man is said to commit “rape” if he is against her will and the situations falling under any of the following seven illustrations: First— He should be against her will. Second — the man should be without her consent. Third — the man with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. Fourth — the man with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifth — It should be in her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixth — it can be with or without her consent, when she is under the age of adult. Seventh — when she is unable to communicate consent.

Violation of Article 14 of the Indian Constitution Article 14 of the Indian Constitution defines that India provides for equality before the law or equal protection of the laws within the territory of India. “The State cannot not deny with any person equality before the law or the equal protection of the laws within the boundary of our country.”

Therefore, the Constitution gives assurance of equality to all, Indian criminal law disfavour against female victims who have been raped by their own spouse. At the time the Indian Penal Code was drafted in the 1860s, a married woman was not considered an independent legal entity. Rather, the woman was considered to be the chattel of her spouse. As an output, she did not constitute many of the rights now guaranteed to her as an independent legal entity, including the right to file a complaint against another under her own identity.

Violation of Article 21 Marital Rape is also a violation of Article 21 of the Indian Constitution. Article 21 defines that “Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

The Article forbids the deprivation of the above rights except according to a procedure established by law” The Supreme Court has interpreted this clause in various judgments to extend beyond the purely literal guarantee to life and liberty. Instead, it has held that the rights enshrined in Article 21 include the rights to health, privacy, dignity, safe living conditions, and safe environment, among others. The above conclusions clearly reflect that Section 375 of the IPC is an infringement of Articles 14 and 21 of the Constitution. It is time that Indian jurisprudence understands the inhumane nature of this provision of law and strikes it down.

Conclusion

Marital rape is not fully criminalized in our country. It certainly is an authentic type of wrongdoing against ladies and deserving of government’s consideration. Women who are raped by their husband are more inclined to various attacks and frequently endure long haul physical and enthusiastic issues. In this specific circumstance, marital rape is significantly more horrendous for a lady since she needs to remain with her aggressor ordinary.

As the results of marital rape are truly high, there is obviously a dire requirement for criminalization of the offense of marital rape. Positive legitimate change for ladies by and large is going on in India, yet additionally steps are fundamental so that both lawful and social change happens, which would finish in criminalizing marital rape and changing the attitude about ladies in marriage.

There are many loopholes in Protection of Women from Domestic Violence Act, as the Act does not straightforwardly talk against marital rape. On the brighter side sanctioning of a particular enactment against abusive behaviour at home has opened the entryway for an enactment criminalizing marital rape.