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{"id":25668,"date":"2021-11-05T14:43:36","date_gmt":"2021-11-05T14:43:36","guid":{"rendered":"https:\/\/lawdiktat.com\/?p=25668"},"modified":"2021-11-21T17:44:52","modified_gmt":"2021-11-21T17:44:52","slug":"demystifying-marital-rape-in-india","status":"publish","type":"post","link":"https:\/\/lawdiktat.com\/demystifying-marital-rape-in-india\/","title":{"rendered":"Demystifying marital rape in India"},"content":{"rendered":"

Marriage<\/span> rape is so <\/span>common<\/span> in Indian society <\/span>that it can<\/span> be seen in <\/span>any neighbourhood. Some complain about it, some do not. It is the act within marriage where one\u2019s own spouse has sexual intercourse with another without her consent or forcefully. Here the main element which matters is that there should be no consent and physical violence here becomes immaterial. Now also more than two-third of married Indian women, aged 15 to 49, have been coerced to engage in sexual intercourse over the span of their marriage. As Indian society is a patriarchal society so males are more dominating on women which makes them weak and they have to stay after all the ill-treatment they face. If we see historically, sexual intercourse was supposed to be the right of the husband, engaging in the act without the spouse’s consent is now widely classified as <\/span>rape<\/span><\/a> by many societies around the world, repudiated by international conventions, and increasingly criminalized. The issue of domestic violence and ill-treatment of women in marriage have taken attention internationally between half of the 20th century. The present study seeks to examine the Indian law perspective on marital rape and how it violates the rights of women. Further, it will be talking about some case laws that talk about the concept of marital rape and how it is proved to be a stigma on Indian society.<\/span><\/p>\n

INDIAN LAW<\/h4>\n

The definition of rape is codified in Section 375 of the Indian Penal Code (IPC) mentions all forms of sexual assault involving non-consensual intercourse with a woman, states as an exception that “sexual intercourse between a man under the age of 15 and his own\u00a0 wife\u00a0 is not rape.”Marital rape is not a crime in India. Marital rape enactment in India relies on the understanding of the courts. According to section 376 of the IPC Punishing Rape, the rapist is either, sentenced for 7 years or more, or a sentence of up to 10 years, or if the, unless the lady raped, is his own particular spouse, and is not under 12 years old.\u00a0 This exception has its roots in the \u2018Doctrine of Coverture\u2019 which means non-independent legal status for women in the society and this is because of the male dominating society. As per the present law women and men are assumed to have implied consent when they agree to tie in a relationship and their unwillingness is not given importance then.<\/p>\n

MARITAL RAPE VIOLATES WOMEN RIGHTS<\/h4>\n