Ayushi Raghuwanshi, LLM, MNLU, Nagpur
INTRODUCTION
‘Marital Rape’ an act that sabotages the respect and basic liberties of women which has been criminalized in majority of the nations with an exception of 36 nations1 where it is as yet not condemned, sadly includes India. Despite the fact that numerous legitimate corrections have been done in criminal law for the protection of the rights of the women, the non-criminalization of marital rape in India undermines the dignity of married women and violates their fundamental rights.
'Marital rape' is defined in Black's Law Dictionary 8th Edition as “a husband's sexual intercourse with his wife by force or without her consent”. Marital rape occurs when husband is under notion that body of his wife owe to him2. It refers to “unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent. It is a non-consensual act of violent perversion by a husband against the wife where she is abused physically and sexually”3.
The definition of ‘rape’ under Section 375 of the Indian Penal Code4 which involves all forms of non-consensual sexual intercourse with a woman exempts the same in case it is committed by a husband with his own wife.5 It is one of the manifestation of violence against women which undermines the rights of women is the rape committed by the male partner on the female counterpart within the confines of the four walls which are supposed to be the safest place for women. ‘Marital Rape’ or sexual assault which has been criminalized in many nations with imprisonment extending up to life imprisonment6 whereas it continues to remain an exception to the offense of rape under section 375 of the IPC.
Marital rape exits in India and widely prevalent in the society has put a blot on the society and has shaken the trust and sanctity of the institution of marriage. There are a large number of women who have been bearing the burden of the non-criminalization of this disgraceful practice.
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