Ayush Tiwari, B.B.A. LL.B., New Law College Pune
Meghna Dayani B.B.A. LL.B., New Law College Pune
ABSTRACT
The term “Marriage” has been given the status of Institution. Moreover, it is considered to be an essential institution of society that is intrinsically important for the procreation of children. But the bone of contention is here does it allow husbands to physically torture and indulge in forceful sexual activities with their wives? In India, criminalization of Marital Rape has not been done yet. Moreover, when it comes to marital rape in India, the relevance of the consent of women for indulging in sexual activities with their husbands somehow fades away. Although rape has been categorised as the most heinous crime in this country and strict punishments are provided for the same in the Indian Penal Code, of 1860. Supreme Court has also stated in its various judgments that rape is not only a crime against women who is the victim of it, but also a crime against the whole of the society. The Supreme Court in its landmark case of Bodhisattwa Gautam v. Subhra Chakraborty (1996) 1SCC 490, has stated that “Unfortunately, a woman, in our country, belongs to a class or group of society who are in a disadvantaged position on account of several social barriers and impediments and have, therefore, been the victim of tyranny at the hands of men with whom they, fortunately, under the Constitution enjoy equal status. Women also have the right to life and liberty; they also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated. They also have the right to lead an honourable and peaceful life”. It further stated that, “it destroys the entire psychology of a woman and pushes her into deep emotional crises. It is only by her sheer willpower that she rehabilitates herself in the society which, on coming to know of the rape, looks down upon her in derision and contempt. Rape is, therefore, the most hated crime. It is a crime against basic human rights and is also violative of the victim's most cherished Fundamental Rights, namely, the Right to Life contained in Article 21. To many feminists and psychiatrists, rape is less a sexual offence than an act of aggression aimed at degrading and humiliating women. The rape laws do not, unfortunately, take care of the social aspect of the matter and are inept in many respects”. There are several cases in which the Supreme Court has expressed its views similarly but when it comes to marital rape the Supreme Court as well as the laws governing rape are silent. It is the need of the day to understand the gravity of such a severe and heinous offence that is called marital rape. This paper it has been aimed to discuss the severity of marital rape and a comparison of the legislation of other countries with Indian legislation regarding it has been made as well.
Keywords: - Marital Rape, Bhartiya Nyaya Sanhita, Rape, Indian Penal Code, Gender Reforms, Right to dignity, Right to life and personal liberty, Consent
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