Introduction of Marital rape :
Marital rape which is also called spousal rape is the act of having sexual intercourse with one's spouse without the consent of the particular mate to undergo a physical relationship, The lack of consent is the essential elements and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world. Poland in 1932 was the first to have a law explicitly making it a criminal offence.
Marital rape in India :
In a country like India where one woman reports a rape case every 15 minutes (NCRB data in 2018) have a dangerous impact of marital rape. According to a study conducted by the international centre for research on Women (ICRW) and United Nations Population Fund (UNFPA) in the year 2014 in 8 states admitted to having forced a sexual act on their wives or their partners.
The National Family Health Survey (NFHS -3) also showed a majority of sexual violence reports are within marriage. The National Family and Health Survey (NFHS-4) for the year 2015-16 shows that 5.6% women have been reported as victims under the category of physical forced her to have sexual intercourse without her consent.
You will be shocked to know that India is one of the only 35 countries in the world where marital rape is not a criminal offence, ie not a crime. Ironically our neighbouring countries like Bhutan and Nepal had criminalized Marital rape. On August 29,2017 centre tells Delhi High court that criminalising marital rape may destabilise institutions of marriage.
Punishment for Marital rape in India:
Section 375 of the Indian Penal Code defines rape as sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case if she is under 18 years of age. Punishment for rape is given in section 376 of Indian Penal Code. Except in case provided in sub section 2 of the same section, punishment will be rigorous imprisonment which is not less than 7 years and fine. In April 2018 it allows capital punishment for anyone convicted of raping children under the age of 12.
Section 375 of the Indian Penal Code (IPC) considers the forced sexual relationship in marriages as a crime only when the wife is below 15 years of age. Therefore Marital rape is not a criminal offence under Indian Penal Code and there is no such specific punishment for it due to the sacred nature of marriage in Indian culture.
Even though marital rape is not recognised as a crime in India, forced sex with one’s wife can be considered cruelty under section 498 A of IPC.
Conclusion :
The government should implement laws for Marital rapes but the concept of marital rape should be well defined. If we see from the other side, there can always a chance of fake cases of marital rape in which it becomes difficult for the male to prove himself innocent. As we can determine a lot of them in dowry related cases where later at the end the husband or his family is proved innocent.
Marital rape should be criminalized but before that the literacy rate of Indians should be increased so that they can understand what actually it is. Financial problems, mindsets of the society and social awareness regarding this issue should be uplifted before implementing laws for marital rape.
