Marital Rape an overview

MARITAL RAPE: An Overview

A matter of Great concern is running all around the country. Even after many years of independence, Indian women are still living their lives in darkness and fear. Women are taking steps towards a path which has no boundaries of brutality and the future they are opting has no certainty. In the present scenario, Crime against women has grown grim.

Rape is considered as a heinous offence. Not only it causes physical harm but it also shatters the mental well being of the victim. Rape is not only ferocity against women but rather a grave infringement of a person’s basic perception towards life and individual freedom.

 One such expression of this offence is Marital rape. Marital rape, the act of compelling your spouse for involving in intercourse without proper consent, is an unjust way to degrade the integrity of a woman. The Country is surrounded by the patriarchal framework where woman is treated as a personal commodity. The dominance of a man over a woman is considered as supreme. They deny married women equal protection of the laws guaranteed by the Indian constitution.

A marriage should not be viewed as a right for a husband to forcibly rape his wife with impunity. A married woman has the same right over her own body as does an unmarried woman. The society has a perception that once a woman is married, her husband gains total right over her.  Her thoughts, opinions, most importantly her consent is no longer prioritized as she is dominated by the wills of her husband. Consent of a woman should not be implied, a proper communication of consent is much needed in all aspects.

Marital rape has been indicted in more than 100 countries but, unfortunately, India is one of the only 36 countries where marital rape is yet not criminalized. Rape is defined under section 375 of the Indian Penal Code, but there is no definition of ‘Marital Rape’ till now and there is no recognition of marital rape under the ambit of Indian Law.

Marital rape is not only the chief concern in the field of women’s rights at the moment, but it also violates several constitutional provisions at the same time. This offence violates the right to equality enshrined in Article 14 of the Indian constitution, defeats the spirit of section 375 of IPC, violates the article 21 of the constitution which provides rights to live life with dignity, privacy, safe environment etc .

Various research papers and statistics regarding this offence acknowledges the deteriorating mental well being of a woman. It is reported that the victims of this offence suffer through higher levels of psychological distress.

The non-criminalization of marital rape in India undermines the dignity and human rights of women. This is high time that the society must acknowledge that women deserves equal status as men and her consent regarding every aspect is as important as that of a men. This has been the reality of our country since ages and has become a much needed reform in our legal system.

References:

The Indian Express

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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