Law for Marital Rape in India

Law for Marital Rape in India 

Introduction: 

Sexual violence in marriage has history as long as the institution of marriage itself. But for the millennial generation , Marital Rape like other forms of sexual assault is considered a private trouble not a public issue . Sadly, sexual violence against women and girls still deeply entrenched and politicised around the globe.

Definition of Marital Rape under section 375 of Indian penal code 

1. According section 375 of the Indian penal code ( IPC) includes all forms of sexual assault involving non consensual intercourse with woman . 

2. In short marital rape is an offence which is violative of woman ‘ s life , dignity and self respect but when it occurs within the four walls of a matrimonial home , it reduces the woman to the status of an object used merely of sexual gratification.

3. Marital rape can be done by the utilisation of force solely . A person may use physical force on his spouse or to any other person ,or implied harm based on prior assaults causing the woman to fear that physical force will be used if she resists It is consensual act of violent perversion by a husband against his wife where she is sexually and physically abused

Exception on IPC 375...

Two of section 375 decriminalizes marital rape ,stating that sexual intercourse by a man with his own wife who is under 18 years of age , without consent is not considered rape .

Current situation of Marital Rape in India..

India is one of the fifty countries that have not yet out lawed marital rape . In India, marital rape exists de facto but not de jure. While in other countries either the legislature has criminalized marital rape or the judiciary has played an active role in recognizing it as an offence, in India, the judiciary seems to be operating at cross-purposes. Women who experience and wish to challenge sexual violence from their husbands are currently denied State protection as the Indian law in Section 375 of the Indian Penal Code, 1860 has a general marital rape .A survey conducted by an NGO – RTI Foundation, showed that every 1 in 3 married women in India is subjected to marital, which brings the number to about 83%. The statistics are very high, and the crime is heinous, however, the law still remains the same. 

Spilt verdict of Delhi high court 

A Division bench delivered a spilt verdict in May 2022 on the issue of Marital Rape . It struck down exception of two as unconstitutional while another judge rejected the plea to criminalize marital rape , suggesting that any changes in the law should be addressed by the legislature. The aforementioned NGO had filed a petition in the High Court of Delhi, seeking amendment of the same. In the matter of RTI Foundation v. Union of India (pending), the court vide it’s previous order observed that acquiring a woman’s consent via force, or by any other means could amount to cruelty if not rape. Any other means could include cutting financial ties with her, not providing expenses for kids, etc. The petition is still pending before the High Court and a pragmatic approach is expected from the court.

Supreme court case laws..

• In the case of Independent Thought v. Union of India, the Supreme Court took a very pragmatic approach that marriage is no longer a social contract but a personal relationship, and not even criminalising marriage itself can destroy the institution of marriage. If laws like divorce and judicial separation could not destroy marriage, it is very unlikely that criminalising marital rape will. Even though marital rape is still not a crime, we can hope for the laws to change in the near future.

India should bring Marital rape laws ..

• Marital rape , also known as spousal rape in United Kingdom is a sexual assault under Uk  law ( as out lined in the sexual offences act 2003) . In Indian law martial should be given in position of sexual assault .

• Domestic violence act of 2005 gives hints of Marital rape by any form of live in or marriage relationship . Then the petition of Marital rape should be listened by the supreme court of India for the laws to conclude in the IPC section 

• In the United States declare it as domestic violence and sexual abuse by a spouse is illegal in 50 us state . India should bring Marital rape in the category of domestic violence also for immediate action.

• Exception of section 375 should be changed for  under age victim . Because a marital rape victim should be declared as victim

Conclusion.

Rape and marital rape are two sides of same coin . Both showcase the power  of man to dominate that of women . Both have one victim – woman .Both are barbaric in nature. Martial rape should be given  the position of domestic violence, sexual assault and abuse  to bring the law for the women in India.

**Author: Adrija De, a Student of snehanghsu kanta Acharya Institute of Law