Pros And Cons Of Marital Rape

Marital Rape also known as spousal rape in marriage is non-consensual sex in which the perpetrator is the victim's spouse. Marital Rapes are the most dismaying forms of rape. The most petrifying fact is, it has not been criminalized and made an offence in the country where equality and dignity are proclaimed to be Fundamental Rights of all its citizens as defined within the Indian Constitution. Marital

Rape has been declared as an exception to rape under Article 375 of the Indian Penal Code.

"Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in prostitution."[2]

Rape by somebody you are married with and have been sexually intimate with is often

The sexual intercourse must be under circumstances falling under any of the six clauses of the section.

After laying down the essential ingredients of rape the Section goes on to state that, sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

As per Section 376 A of the Indian Penal Code, the instances wherein the husband can be criminally prosecuted for an offence of marital rape are as under:

1. When the wife is between 12 – 15 years of age, punishable offence;

2. When the wife is below 12 years of age, punishable offence;

3. Rape of a judicially separated wife, punishable offence;

4. Rape of wife of above 15 years in age is not punishable.

Why isn’t it a crime for a man to rape his wife in India?

The government says it’s because of poverty, religious beliefs and social customs, among other things level of education/illiteracy, myriad social values and mindset of the Indian society. Marriage as a social institution in Indian society is viewed with utmost respect and is often regarded as a symbol of spiritual growth, a sacrament. “If marital rape is brought under the law, the entire family system will be under great stress,” a report submitted by lawmakers to Parliament had said in 2013. The

Victims of marital rape may suffer the most long-term effects psychologically. Emotional reactions to marital rape can be very dramatic and severe as the sense of betrayal is profound after being raped by an intimate partner. This may include depression, suicidal ideation and also acute and post-traumatic stress disorder.

Indian culture provides that after marriage, women should be unconditionally devoted towards her husband and it’s her duty to keep him ‘happy’. Because of this, women in India have been subjected to violence, exploitation and subordination since time immemorial. They are marginalized in our country, often deemed inferior to men. In most cases, the years of subordination has led to a general acceptance of the wrath of their husbands.

India is a developing country, which is slowly opening its doors to western ideas and lifestyles. The

Indian society needs to develop an understanding that no woman is bound to let herself be the victim of any man’s transgression or abomination, regardless of the relation she shares with him. Marital rape is in no sense natural, acceptable and obvious. It is only imperative to keep the laws of our country