The question or debate nowadays in society is what is marital rape whether it should be criminalized or not? We’ll look into it one by one in this blog. To know what is marital rape we must first know what is rape.
INTRODUCTION
Rape is one of the most heinous and common crimes committed against women. It is the 4th most common crime in India. Rape is defined under the Indian Penal Code,1860 under section 375 which includes a man is said to commit rape if he penetrates his penis or inserts, to any extent, any object or a part of the body, not being the penis into the private part of a woman or manipulates any part of the body of a woman under any circumstances: against her will; without her consent; with her consent where her consent is obtained by putting her into fear of death or hurt or when her consent is obtained when she is intoxicated or in a state of unsound mind or when she believes she is lawfully married to that person but he is not her husband or when she is under the age of 18 or when is unable to communicate the consent. This is rape. There are two exceptions under this section the second exception states that a man who does intercourse with his wife who is not under the age of 15 years is NOT raped. Further, the punishments for rape is given under section 376 of the Indian Penal Code, 1860, whenever a person has committed rape he shall be punished with rigorous imprisonment which may extend up to life imprisonment and fine. When it comes to marital rape, it is not defined under IPC so for that were still struggling.
Today worldwide, India stands one among the 36 countries that haven’t criminalized marital rape.
WHAT IS MARITAL RAPE?
In general marital rape means when a woman is raped after marriage by her husband, where it is committed against her will, her consent is absent for such intercourse. What is a marriage? Marriage is a contract or an agreement where 2 person of the opposite sex gives their consent for marriage. Different religions have different requisites of a valid marriage. Also, marriage is considered to be a personal matter of a family but infringes a women’s right to protect her body.
HOW DOES IT AFFECT A WOMEN: It destructed women’s mental health in all these issues, she gets traumatized day and night, for weeks and months, judged by society if she takes any step to protect herself or is seen to be a woman who disobeys her husband. In reality, she did obey her husband for many years, and out of which now his evil or demonic side was harming her so much that she couldn’t take it anymore. He misused her heed and love. Women lack awareness. If we see we have a lot of provisions to protect a female child or woman at the workplace or a married woman. But sadly, women or citizens lack knowledge of all these present laws/provisions which help protect and provide their rights to them. Husband thinks that once a female is married to them they get a free slave for life who are supposed to do everyone’s work present in the house, she carry out our house dignity, she is restricted to household work only. By practising such a disgraceful act by a husband a woman’s basic fundamental rights are getting violated Article 14 and Article 21 of the Indian constitution which says right to equality and equal protection to every citizen and right to life and personal liberty. Some men think that the person to whom they marry is their property, I disagree with this, a female isn’t anyone’s property because when a female takes birth they have the rights they’re protected by laws they have equal opportunities, get everything that men get.
Females have proof many times in many different ways in education, sports, elections that females are not less than men if we get chances or opportunities we’ll do our best to achieve the goal and get it. Females still have to fight for their basic rights which are already given to them years back when the constitution or the laws were into making. It is just that we must get aware and take steps and protect ourselves. Marital rape matters shooks us when it’s heard. In many other countries either the judge has played an active part or it has been criminalized by the law. It is high time that the Indian government should look into it watchful.
CASE: In Nimishbhai Bhartibhai Desai vs State of Gujarat 2018, the was question was raised whether a husband who is forcing her wife to indulge in oral sex would amount to rape or not and should it be punished under section 376 of IPC?
The court took this matter and said that our country hasn’t made marital rape a criminal offence till now. Because of the fear of parliament that it will destabilise the institution of marriage and also women can use this to act against their husband and make false charges against him. Marital rape can’t be unseen by law as it is equal to rape committed by a husband upon his wife so if any husband assaults his wife he would be punished under IPC for the offence of assault but if the same husband forces his wife to indulge in sexual intercourse he would be liable for the offence of assault only under valid marriage and not for rape.
CONCLUSION:
How is this fair or equally protected by law, when a married woman is raped by her husband and he is punished for the offence of assault and not rape? she has been raped how many times or for how long we can’t know but even if a husband does that for once it is a crime against her woman whom he shall protect and not endanger her life or harm her dignity or lowered her in any way what so ever. He must be punished for the act he has caused to a human body we cant measure the wounds he has caused nor anybody can compensate her. We shall support such women because not every female who suffers decides to speak herself out. We as respected citizens of India shall help her out console her guide her and protect another female from such a devilish person.
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