ABSTRACT
Marital rape is a situation where our country hasno law to enforce,in other country like United states, United Kingdom, Canada, South Africa, Bhutan, Nepal, Philippinesetc. consider marital rape as a crime. Marital rape is a forced sexual intercourse by victim’s spouse;it’s a rape by the person whom you are married. Thispaper attempts to discuss on whether a husband forcing and threatening his wife to have sex will becharged with rape? Can a husband rape her wife?How not to treat an “unlawful” act as a crime in expectation of a relation. In India, Marital rape is a disgraceful offence which scarred thetrust and confidenceon law to give equal protection.This paper argues about the consent on sexual relation, and what should be the legal procedure of the non-consensual sexual relation in marriage. The right to sexual self-determination cannot be violated even in husband-and-wife relation. Marital rape should be treated as strict offence against women.
INTRODUCTION
Marriage is an Anthropological, traditional, cultural, and legal institution that establishes socially sanctioned rights and obligations between individuals. Marriage is a traditional and religious sacrament. It is a bond and relationship between the bride and groom. In India, Marriage is considered as consent to sexual relation. Society and law have given women right to fight for safety but not in marriage
In today’s world women safety is a crucial which is heavily challenged especially in acountry like India, where women are given right to fight for justice through article 14 guarantees of equality, article 15 no discrimination, article 21 right to life and dignity. Establishment of feminism
Marital rape is a non-consensual sexual intercourse with spouse. It is an act of forced sexual intercourse. Marital rape is not considered as rape in India; it is being state that marriage comes with the consent. However, if a married couple live separately, then he is guilty of the offence of rape, if he maintained a forced sexual relation with his own wife without consent. Marital rape exception is a law, but it does not allow any absolute license to commit any crime against society.In India marital rape is not consider as rape,in earlier era, Sexual coercion was treated as a moral defamation,Sexual violence or Sexual coercion should be considered as crime whether performed between any relation. Any legal contract and social institution cannot wave off persons bodily autonomy, fundamental right, legal right. Any law does not give power or authority to treat another person as his property or does not provide right over body and mind. Sexual coercion effects the mental and physical health of a victim. Marital rape is a huge challenge however should be introduce as crime in law, an accusation can be easily made and very difficult to beproven and harder to be defended by the accused, it will tough todifferentiate innocent and guilty, butwhen a crime is difficult to be proven doesn’t mean it should not be considered as crime.