Marital rape reflects the perversity of an individual. It is not only the rape of a woman’s body but a rape of her love and trust as well.
Introduction
Marital rape in layman language is rape committed by the person to whom
the victim is married. Marital rape is the act of sexual
intercourse with one's spouse without the consent of other spouse.
Rape per se is an offence against woman, violating her dignity and
self-respect and when it occurs within the four-walls of a matrimonial home, it
reduces the woman to the status of an object used merely for sexual
gratification. Marital rape is more widely experienced by women, though not
exclusively. Being subject to sexual violence by her own husband envelopes her
in a sense of insecurity and fear. Her human rights are sacrificed at the altar
of marriage.
Historical Background
History of most societies, it has been acceptable for men to force their
wives to have sex against their consent. The traditional definition of rape in
most countries was ‘sexual intercourse with a female not his wife without her
consent’. This provided the husband with an exemption from prosecution for
raping their wives. Marital rape is not fully criminalized in India. It is
clearly a serious form of violence against women and worthy of public and State
attention. The studies till date indicate that women who are raped by their
husbands are more likely to experience multiple assaults and often suffer long
term physical and emotional consequences. In this context, marital rape may be
even more traumatic than rape by a stranger.
Marital Rape and Laws in India
We have advanced in every field; marital rape is not considered as an
offence in India. Despite amendments, law commissions and new legislations, one
of the most humiliating and debilitating acts is not an offence in India.
As per the Indian Penal Code, the instances wherein the husband can be
criminally prosecuted for an offence of marital rape are as under:
1.
When the wife is between 12–15 years of age, offence punishable with
imprisonment upto 2 years or fine, or both;
2.
When the wife is below 12 years of age, offence punishable with
imprisonment of either description for a term which shall not be less than 7
years but which may extend to life or for a term extending up to 10 years and
shall also be liable to fine.
3.
Rape of a judicially separated wife, offence punishable with
imprisonment upto 2 years and fine;
4.
Rape of wife of above 15 years in age is not punishable.
In 2005, the Protection of Women from Domestic Violence Act, 2005 was
passed which although did not consider marital rape as a crime, did consider it
as a form of domestic violence Under this Act, if a woman has undergone marital
rape, she can go to the court and obtain judicial separation from her husband.
This is only a piecemeal legislation and much more needs to be done by the
Parliament in regard to marital rape.
Current Scenario
India is moving in the direction of positive legal change for women in general, but further steps are necessary to ensure both legal and social change, which would culminate in criminalizing marital rape and changing the underlying cultural assumptions about women in marriage.
Historically, marital rape has not been recognized as a criminal act; only recently marital rape become illegal in all 50 states. Marital rape is a serious societal issue that is experienced by 10% to 14% of all married women and 40% to 50% of battered women. Marriages in which marital rape occurs have significantly higher rates of non-sexual violence and marital dissatisfaction, as well as lower ratings of marital quality. Victims of marital rape experience significant levels of posttraumatic stress disorder (PTSD), depression, gynaecological problems, and negative physical health symptoms.
The very definition of rape (section 375 of IPC) demands change. The narrow definition has been criticized by Indian and International women’s and children organizations, who insist that including oral sex, sodomy and penetration by foreign objects within the meaning of rape would not have been inconsistent with nay constitutional provisions, natural justice or equity.
India is moving in the direction of positive legal change for women in general, but further steps are necessary to ensure both legal and social change, which would culminate in criminalizing marital rape and changing the underlying cultural assumptions about women in marriage.
Unwilling sexual contact between a husband and a wife is recognized as a
criminal offense in almost every country of the world, India is one of
the 36 countries that still have not criminalized marital rape. The
Supreme Court of India and various High Courts are currently flooded with writ
petitions challenging the constitutionality of this exception, and in a recent
landmark judgment, the Supreme Court criminalized unwilling sexual contact with
a wife between fifteen and eighteen years of age. The very definition of rape
(section 375 of IPC) demands change. The narrow definition has been criticized
by Indian and International women’s and children organizations, who insist that
including oral sex, sodomy and penetration by foreign objects within the
meaning of rape would not have been inconsistent with nay constitutional
provisions, natural justice or equity.
Conclusion
The woman has and still continues to be victimized by man and society.
There is a need to acknowledge her as a human being, away from the ancient
notion of her being a mere chattel, and give her respect and the dignity she
deserves. The patriarchal power structures have deemed marriage to be a license
to legal unwilling sex. There is a total negation of the self-worth of a woman.
The importance of consent for every individual decision cannot be over
emphasized. A woman can protect her right to life and liberty, but not her
body, within her marriage, which is just ironical. Women so far have had
recourse only to section 498-A of the IPC, dealing with cruelty, to protect
themselves against “perverse sexual conduct by the husband”. But, where is the
standard of measure or interpretation for the courts, of ‘perversion’ or
‘unnatural’, the definitions within intimate spousal relations? Is excessive
demand for sex perverse? Isn’t consent a sine qua non? Is marriage a license to
rape? There is no answer, because the judiciary and the legislature have been
silent.
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