Conclusion On Marital Rape
INTRODUCTION
Marital rape can be defined as any unwanted intercourse or penetration (vaginal, anal or oral) obtained by force, threat of force, or when the wife is unable to consent. In India the usual perception is that a man cannot be accused of rape while availing his conjugal rights, for a woman is his duty bound subservient and more so such cases are often kept a secret behind closed doors. There are usually three types of rapes prevalent in the society being battering rape, force on rape and obsessive rape.
More than half the world’s countries do not explicitly criminalise marital rape or have lesser penal penalties as compared to other forms of rape. The human rights violation are inherently prevalent and dominant as violence against
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This further introduced a notion amongst the masses of ‘implied consent’ which was not supported with any judicial argument. The credos of marital rape exemption are thus based on the notion of ‘irrevocable implied consent’.
INDIAN LAW ON MARITAL RAPE- A BRIEF
In India, rape exists de facto but not de jure. Rape is defined under Section 375 of IPC and as per the code the only instances where a husband can be criminally prosecuted for the offence of marital rape are if wife is between 12-15 years of age, when wife is below 12 years of age, when judicially separated and rape of wife above 15 years in age is not a punishable offence. Further under Protection of Women from Domestic Violence Act,2005, it only forms basis for judicial separation but criminal liability.
Under the Indian constitution , exemption of rape fails to conform with the provisions of Article 14 and Article 21.
MARITAL RAPE – A GROSS VIOLATION TO HUMAN RIGHTS OF
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There is a dire need for the change in laws on marital rape and criminalising it. The punishment for marital rape should be the same as prescribed for rape under section 376 of IPC. Although most Indian women feel protected under the Protection of Women from Domestic Violence Act, still there are many loopholes in it for it doesn’t include marital rape. The only entitlements a wife has under the law, is to bring action for criminal assault, inquiry or matrimonial relief but no liability is cast by law for marital rape, which needs to be recognised to protect the dignity of the women in our country being a fundamental
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