Marital Rape
MARITAL RAPE
An Exception Provision under Section 375 of Indian Penal Code, 1860, Act No. 45 of 1860
“The most dreaded, yet the most frequent; the most tabooed, yet the most discussed; the most traumatic, yet the most discarded: possibly, that is how one would describe the term ‘rape’.”
ABSTRACT
Topic of marital rape has been hidden behind the iron curtains of the tag marriage. Our society and legal limitations both deny the women’s sexual agency and bodily integrity which lies in women’s human rights. Rape in whatever form maybe stranger rape, date rape, marital rape. It is a crime unpardonable by the society but ironically marital rape in our legal system is not treated as a crime. Women should come forward with all heart and break free the social shackles and raise their voice against this injustice and fight for it. This paper is an attempt to throw light on all the shortcomings and discriminations of the criminal justice system in India in regard to marital rape. It definitely highlights the reasons and arguments for necessarily establishing marital rape as a crime. The biggest drawback is the near impossibility of proving marital rape and its criminalization is going to add burden to the society as well as the legal system. It is necessary for us to recognize marital rape as a crime and to include it among the other forms of sexual offences. There is a need to educate and expose the masses to this issue and to make them understand that even rape by one’s spouse is a criminal offence.
INTRODUCTION
Masochism in Indian society exists in various forms. But its existence can be seen in many forms of crimes and violence wherein marital rape i.e. rape by a man with his wife is one among them which is strongly protected and veiled by the tag of “marriage”. When we think of rape in general terms, the tendency is to think of someone who is a stranger, a wicked, malicious person. Rape in
An Exception Provision under Section 375 of Indian Penal Code, 1860, Act No. 45 of 1860
“The most dreaded, yet the most frequent; the most tabooed, yet the most discussed; the most traumatic, yet the most discarded: possibly, that is how one would describe the term ‘rape’.”
ABSTRACT
Topic of marital rape has been hidden behind the iron curtains of the tag marriage. Our society and legal limitations both deny the women’s sexual agency and bodily integrity which lies in women’s human rights. Rape in whatever form maybe stranger rape, date rape, marital rape. It is a crime unpardonable by the society but ironically marital rape in our legal system is not treated as a crime. Women should come forward with all heart and break free the social shackles and raise their voice against this injustice and fight for it. This paper is an attempt to throw light on all the shortcomings and discriminations of the criminal justice system in India in regard to marital rape. It definitely highlights the reasons and arguments for necessarily establishing marital rape as a crime. The biggest drawback is the near impossibility of proving marital rape and its criminalization is going to add burden to the society as well as the legal system. It is necessary for us to recognize marital rape as a crime and to include it among the other forms of sexual offences. There is a need to educate and expose the masses to this issue and to make them understand that even rape by one’s spouse is a criminal offence.
INTRODUCTION
Masochism in Indian society exists in various forms. But its existence can be seen in many forms of crimes and violence wherein marital rape i.e. rape by a man with his wife is one among them which is strongly protected and veiled by the tag of “marriage”. When we think of rape in general terms, the tendency is to think of someone who is a stranger, a wicked, malicious person. Rape in