ABSTRACT
Marital Rape, an act of non-consensual intercourse by a spouse, remains one of the most underreported and inadequately addressed forms of sexual violence in India. This research paper is an effort to critically examine the serious issues of Marital Rape and how it is ignored both legally and socially. It begins by explaining the term as per existing legal provisions and court decisions, followed by a simplified interpretation of these definitions to make the legal language more effortless to understand. The paper focuses on the exception in Section 375 of the IPC, which creates a major gap in legal protection for married women. It then looks at the reasons often given against criminalizing marital rape, such as the fear of misuse and keeping the institution of marriage intact. Additionally, the paper discusses how these reasons result in the violation of fundamental rights of married women like equality, dignity, and personal freedom.
The research paper also touches upon the current legal remedies available to women for dealing with marital rape. However, it explains how these remedies are insufficient as they do not treat the act as a criminal offence. Furthermore, it explores how patriarchal mindset and deep-rooted cultural values have led to silence and a lack of action on this issue, both legally and socially.
In conclusion, the paper strongly asserts that no discrimination should be made between married and unmarried women when it comes to protection from sexual violence. It is high time for the legislature to wake up and take action, instead of hiding behind the so-called façade of the sacred bond. The law must be modified to recognize and punish this heinous act, ensuring justice for all women, regardless of their marital status.
INTRODUCTION
In our Indian Society, we often hear that Marriage is a ‘Pavitra Bandhan’, i.e., a Sacred Bond between Husband and Wife, which symbolizes love and respect for each other. This has always been one of our core cultural values. However, we forget that our core traditional norms are increasingly deteriorating with the dynamic shifts in global values.
In recent times, there has been increasing attention on the hot topic of Marital Rape. Many people now see marriage as a license to rape. It has become a tool for husbands to violate the dignity and privacy of their wives without consent. The patriarchal mindset is still prevalent where it is believed that women are men’s property. Since our culture teaches us that marriage is a pure and religious ceremony, that means any sexual activity within this sacred wedlock is completely right. It is commonly believed that when two people enter into the bond of marriage, it implies their mutual consent to engage in sexual acts with each other.
In the words of Justice Mathew Hale of England-
The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, whom she cannot retract[1]
Some peoplequestion why women say that their husbands raped them, suggesting that consent was inherently granted through marriage. Many believe that wives are subordinate to their husbands and the husbands have the authority to do anything they wish for.
However, we forget that agreeing to marry does not mean that the wife hasalso consented to the sexual and physical abuse by their husbands. How can we justify the evil abuse of rape within the so-called sacred marital bond? How can we call marriage a sacred institution when wives suffer both physically and mentally just by agreeing to marry? We cannot go on and keep bragging about how pure the marital bond is in our Indian Society. We have to be honest and straightforward while talking about the nature of this relationship. We must accept that wives who are legally married can be the victims of sexual assault by their husbands.
Not only society but also the law of our country accepts the old clichés and refuses to believe that rape can be done to married women also and that it is not less destructive than rape to an unmarried girl.
Marital Rape is a serious problem in India. It is not only an attack on the dignity and privacy of women but on their trust and confidence in the institution of marriage. The legal institutions in our country have not only failed to outlaw this practice but have, in fact, accepted and sanctioned it through existing laws. Many women have suffered the brunt of the decriminalization of Marital Rape.
Marital rape is an issue that is prevalent worldwide, that profoundly impacts the mental and emotional well-being of its victims, with severe consequences for their lives. While many countries have criminalized marital rape or removed legal exemptions for it, the situation in India has hardly changed, which has not yet outlawed rape within marriage or Marital Rape.
Through this paper, we try to depict how the old clichés and values are giving a hard life to married women and how the reasons given not to criminalize marital rape are flawed. Also, how marital rape is infringing the fundamental rights of women and no legal reforms are there to protect them from this evil activity, in the name of marriage.
[1]Legal Service India, https://www.legalserviceindia.com/legal/article-3241-marital-rape-in-india-a-sleazy-truth-.html,(Last Visited on 13 Aug. 24)