MARITAL RAPE: SITUATION IN INDIA AND NEIGHBOURING COUNTRIES
Author – Rishika Khemka, Student at SYMBIOSIS LAW SCHOOL, NAGPUR
Best Citation – Rishika Khemka, MARITAL RAPE: SITUATION IN INDIA AND NEIGHBOURING COUNTRIES, ILE JUDICIAL AND LEGAL REVIEW, 1 (1) of 2023, Pg. 97-101, ISBN – 978-81-961120-0-4.
ABSTRACT:
Sexual violence is defined as the act of exposing someone to a sexual behaviour without one’s consent. Marital Rape solely reflects the perversity of an individual. In fact, it is not just a rape of a women’s body, but of her love and her trust as well. Marital rape is a facet of marriage that is currently unaddressed by current legislation. It encompasses a wide range of actions, from caressing to raping. It is the act of having sexual relations with another person without their consent, with the majority of victims being women. The purpose of this research paper is to elucidate the characteristics and the existing legislation that can be utilised as a defence in the instance of marital rape. It is a bitter fact that the theory of Marital Rape has been overlooked for years because of the believes and teachings that promotes men have the right to treat their wives as they desire and the wife must provide or rather fulfil the desire of her husband. The declaration clearly states that, “life on earth is anchored by two pillars: males and females”. Regardless of the fact that both men and women should have an equal role in the creation and advancement of civilization, women have been subjected to a great deal of humiliation by men. Marital Rape or just rape is an apt example of the barbarity committed against the dignity of women. India, which is the seventh largest country in the world, is focusing on the prevention and protection of the crimes against women but badly fails to protect a married woman from her husband, seemingly in such a case, is her rapist, not having any strong legal provisions acknowledging Marital Rape. Many countries so far have tried their best in making and implementing strong unbreakable laws for the protection of women. Over viewing the current scenarios with the growing changes and developments in the marriage, it should be understood that sexual intercourse should be mutually desired by both the parties of the married couple by keeping in mind the violence against women. Otherwise, that should be considered as a sexual assault or violence. The purpose of this research paper is to explain why Indian law has failed to define marital rape as a crime and the ramifications of this failure.