Indian Law On Marital Rape - Racolb Legal PDF

1/18/2020 INDIAN LAW ON MARITAL RAPE | RACOLB LEGAL
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RACOLB LEGAL
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THIS ARTICLE WAS WRITTEN BY K. Like Page C
LAKSHMI A STUDENT OF M. S. RAMAIAH 2 friends like this
COLLEGE OF LAW, BANGALORE

THE LAW
Section 375 of Indian Penal Code provides the provision of Rape which MEDIA PARTNERS
echoes barbarous sentiments, stated as its exception – “Sexual
intercourse by a man with his own wife, the wife not being under 15
years of age, is not rape”.
Marital rape otherwise known as spouse rape or rape in marriage, is a

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non-consensual sexKnowledge! Toagainst
by a husband gain anhisedge! Enter words,
wife. In simple your email
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racolblegal.com/indian-law-on-marital-rape/ 1/8
a man imposes sexual intercourse on his wife by force, where her consent
doesn’t matter to him,it is called marital rape. Formerly, it was widely
unrecognised as a crime by law but now changes have evolved and marital
rape has been opposed by many all around the world and is being
criminalised.
Most of the countries like the have made marital rape a punishable but
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India is one such country where Marital Rape has not been criminalised
yet. In the view of Ms. Gandhi, the Minister of Women and Child
Development, Marital rape cannot apply in India as marriage here is
considered as sacrament and because of other factors like poverty,
illiteracy etc. How can this statement be possibly understood? So is it
allowed for a husband to sexually abuse his wife just because she is poor
or illiterate? Rape should be considered as rape irrespective of the
relationship shared between the person and the victim. In Sakshi v. Multiple Offer
Union of India and Others [2004 (5) SCC 518], the court held ‘sexual
assault on any part of the body should be construed as rape
Everyday
So, many women in India are victims of marital rape but hardly few come
out and accept it openly and take steps to secure justice. This is because of
the whole idea that it is impossible for a husband to rape his wife and they
look for every reason to deny this very fact. This is mentally conditioned in
their mind. As shocking as it sounds, In ancient days women were Instant Discounts on
considered as a property and not persons and they weren’t given any Multiple Airlines, Easy
rights over themselves or their bodies. Booking. Book Your Flig
Now
The view taken by an English judge from the 17th Century:
“No husband shall be guilty of a rape committed by himself upon his
lawful wife, for by their mutual matrimonial consent and contract, as the
wife have given herself in kind to the husband, whom she cannot retract.”
Justice Verma committee on Jan 23,2013 submitted its report in which

one of the recommended changes were that the exception in section 375
with regard to marital rape should be removed and the relationship
shared between the accused and the victim should not be considered
relevant .They wanted the exception under section 375 of Indian Penal
Code i.e. with regard to marital rape, to be deleted. However , these
changes were not implemented.
The 172nd Law Commission report had made the following

recommendations for change in the law with regard to rape.
Firstly,‘Sexual assault’ should replace the word ‘Rape’.
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Secondly, Section 375 of Indian Penal Code must include penile, vaginal,
oral, finger , objects and other such penetrations.
Thirdly rape of young boys has been generally ignored by law so rape laws
must be made gender neutral.
Fourthly, Section 376E ,new offence with the title ‘unlawful sexual conduct”
must
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Fifthly, section 375(2) should be removed and sexual intercourse by way of

force by a husband against his wife should be treated as any other
offence.
On March, 2016, the Parliament argued that “if marital rape is

considered as a offence and brought under the law , the entire family
will be under great stress.”
The conversations between the husband and wife during marriage is New
considered as a privilege communication in accordance to section 122 of
the Indian Evidence Act.So, this prohibits them to disclose the
communications between them except in the case where one of the
partners is being tried for an offence against another. Since marital rape is
not considered to be an offence, the evidence is not admissible in the
court of law so this makes it really difficult for the victim to prove the
offence of marital rape. This shows that the law has ignored equal rights
to women as well as right to her body to protect herself from the abuse
and they are being treated like a asset instead of a person.
This shows that there is a compulsory need for the protection of women
as effects of rape is awfully disturbing and victims are put through
unbearable physical injuries, depression, eating disorders, negative image
about oneself etc. Rape victims completely lose their confidence and they
have to go through a lot of therapy to get out of the same and be normal New
like any other person.
At present, a case can be filed by a wife under domestic violence which is

being dealt by the civil court as a whole. This gives her a right to separate
herself from the accused on the grounds of cruelty. The victims feel they
are fighting literally a lone battle as there is no category in the Indian legal
system to seek for justice for marital rape. Moreover, they are also being
blamed for breaking the sacrament bond.
CONCLUSION
India believes in a theory called consent theory, that in every matrimony ,

anEnhance
implied consent exists. This contention
your Knowledge! To gain anwas also supported
edge! by email
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Michael Kate. The government authorities strongly feel like how dowry is
being gravely misused by women and their families to catch hold of
innocent men , the exact same thing might happen if marital rape is
considered as a punishable offence. There are high chances of it being
misused as it is impossible for anybody to prove the things that happen
Download this to
behind closed doors and they also felt that it would weaken the very
institution of marriage.But this view is really absurd. Marital rape is a rape Download this to PDF
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which cannot be ignored or taken lightly and such a law if criminalized
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must be used to get justice and should ensure that its not used as a means
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1/18/2020 INDIAN LAW ON MARITAL RAPE | RACOLB LEGAL

CONFLICT OF JUSTICE IN C...

BLOGS JOIN US ▼ ABOUT US ▼ CONTACT US ▼ JOURNAL

INDIAN LAW ON MARITAL Search the site 

THIS ARTICLE WAS WRITTEN BY K. Like Page C

LAKSHMI A STUDENT OF M. S. RAMAIAH 2 friends like this

COLLEGE OF LAW, BANGALORE

Marital rape otherwise known as spouse rape or rape in marriage, is a

Justice Verma committee on Jan 23,2013 submitted its report in which

The 172nd Law Commission report had made the following

Firstly,‘Sexual assault’ should replace the word ‘Rape’.

Fifthly, section 375(2) should be removed and sexual intercourse by way of

On March, 2016, the Parliament argued that “if marital rape is

At present, a case can be filed by a wife under domestic violence which is

India believes in a theory called consent theory, that in every matrimony ,

SHARE THIS: OPEN

ABOUT THE AUTHOR

Your email address will not be published. Required fields are

Notify me of follow-up comments by email.

Notify me of new posts by email. OPEN

THE POWER OF CONTEMPT OF ENVIRONMENTAL CONFLICT OF THE AAREY ALGORITHMS,

COPYRIGHT © 2020 RACOLB LEGAL. THEME BY MYTHEMESHOP.

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