ijalr

Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

DOWNSIDES OF MAKING MARITAL RAPE A CRIME IN INDIA AND POTENTIAL MISUSE – B Vetrivel

“The criminalization of marital rape has been a contentious issue in India, where the legal framework does not currently recognize marital rape as a criminal offense under its penal laws. While advocates argue that marital rape is a violation of individual autonomy and human rights, opponents claim that criminalizing it could lead to potential misuse. This paper explores the negative aspects of criminalizing marital rape in India, focusing on how it could become a tool for mischief by women with malicious intent. By examining social, cultural, and legal perspectives, the paper delves into the complexities of the debate, ultimately questioning whether the criminalization of marital rape could open doors to unintended consequences.”

  • Karan Oberoi (victim of harassment, stalking and blackmailing by a woman)

 

Abstract:-

The issue of criminalizing marital rape in India is complicated and controversial, mainly due to the fact that the existing legal system in the country does not classify marital rape as a crime according to the Indian Penal Code (IPC) and Bharatiya Nyay Sahnhita (BNS). Advocates believe criminalizing it is essential for women’s rights and marital autonomy, but opponents fear potential misuse by malicious women, leading to unintended consequences.

One of the main issues that opponents are worried about is the potential for untrue accusations. Critics argue that making marital rape illegal could create a situation where women can wrongly accuse their husbands in cases of marriage problems or as a way of retaliation in divorce cases. This may lead to innocent men facing unjust prosecution, harming their reputation and families. Concerns in India about the abuse of laws meant to protect women, like those related to dowry or domestic violence, are intensified by the fear of misuse, with documented cases of false complaints.

Moreover, the cultural environment surrounding marriage in India adds complexity to the situation. In the eyes of many traditional and conservative groups, marriage is seen as a sacred union that lasts a lifetime, where sexual intimacy is a common aspect of the relationship. Making marital rape a punishable offense may be viewed as challenging the traditional beliefs of certain cultures, potentially causing negative reactions and weakening the importance of marriage in certain communities.

Legally enforcing such a law may be difficult, as marital relationships are typically personal and close. Demonstrating non-consensual sex in a marriage could present a challenging legal matter, complicating the process of obtaining convictions. This complexity leads to concerns regarding whether the law would actually promote justice or simply allow for abuse and manipulation in the legal system.

Keywords:- Marital rape, Criminalization, Misuse, Legal framework, Cultural context & False accusations