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 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 The Indian Constitution has provided the fundamental rights which also include one of the essential rights i.e the right to equality and it is given in the right that there shall be no discrimination on the basis of caste, colour, gender, etc. Now men and women both are treated as separate legal identities. And many laws are now formulated to protect women from what all they have gone through in the past decades. Even though it is held in various case laws that a woman has the right to make a choice to have sexual intercourse it is her right to personal liberty, privacy, dignity, and integrity under Article 21 of the Indian constitution.\u00a0 But there is a need to reconsider and bring marital rape within the ambit of rape laws by eliminating section 375(Exception 2) of IPC. Marital rape is not completely criminalized in India. It is wrong and deserves government attention. Women raped by their spouses often endure long-term physical and enthusiastic problems. In this particular case, marital rape is even more horrific for women. Because she has to be with the abuser on a daily basis. Since the consequences of spousal rape are indeed high, there is clearly a strong call to criminalize the crime of spousal rape. There are many loopholes in the Women’s Protection Act from Domestic Violence because the law does not explicitly address spousal rape. This clearly demonstrates a shift in the state’s mindset that previously relied on non-interference in the family circle. Therefore, there should be legislation for the women who are suffering at the hands of their abusive marriage and become the prey of marital rape.<\/p>\n – Nancy Shonak<\/p>\n (Legal Intern, LawDIKTAT)<\/p>\n [1] 2000 CriLJ 1793, JT 2000 (3) SC 516, 2000 (2) SCALE 610, (2000) 4 SCC 75, 2000 2 SCR 761, 2000 (2) UJ 919 SC, Available at- https:\/\/indiankanoon.org\/doc\/635584\/<\/a><\/p>\n [2] Available at- https:\/\/indiankanoon.org\/doc\/87705010\/<\/a><\/p>\n [3] Available at – https:\/\/indiankanoon.org\/doc\/1500783\/<\/a><\/p>\n [4] 1963 AIR 295 SCR(1) 332, Available at – https:\/\/indiankanoon.org\/doc\/619152\/<\/a><\/p>\nINDIAN LAW<\/h4>\n
MARITAL RAPE VIOLATES WOMEN RIGHTS<\/h4>\n
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CASE LAWS<\/strong><\/h4>\n
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CONCLUSION\u00a0<\/strong><\/h4>\n
REFERENCES<\/strong><\/h4>\n