MARITAL RAPE

MARITAL RAPE

An act in which a person has sexual inter-course with his/her spouse without the spouse’s consent is called marital rape. It is believed that rape is something that happenes only between strangers.?

Therefore in india, rape in a married relationship is not a crime. In India, it is still a matter of debate and yet to be decided.?

On May 11, 2022 the Delhi high court delivered a split verdict, with one of the judges favouring striking down the exception in the law that grants protection to husbands from being prosecuted for non-consensual sexual intercoursewith their wives the other refused to hold it unconstitutional.

WHY MARITAL RAPE IS NOT A CRIME IN INDIA?

The reason, why marital rape is not a crime in india are defined under below 6 points which look into almost every aspect of social and political life.

Most of the people consider marital rape as a western philosophy which exists only within western marriages.

It is assumed that criminalising marital rape will imbalance social institution such as family, marriage.

Many large parts of the Indian nation are dominated by patriarchy, which means that decisions in a family or in society are taken by men.

Politics over matter, being a patriarchal society, the number of men is more than women. Hence, any political party to save their vote banks do not want to consider it on a serious note.

In India, it has been seen for years how such laws are being misused, for example dowry cases which are filed till now more than 40% cases are fake.

WHAT IF IT BECOMES CRIMINALISED?

If marital rape gets criminalised, there will be a huge impact over two social institutions which are family and?marriage. This could destabilise marriage, and can also bring new ideologies such as living relationships.

The base of family structure will be reconstructed, the role of morality,values,norms,trust,and belief will be demolished.

Misuse of these laws on a large scale will lead to non justice to the people because proving rape between couples is a challenge in itself.

WHAT IF IT DOES NOT BECOME CRIMINALISED?

Marriage will be considered as a license of doing rape with one’s spouse. Whether the victim is a man or a woman.

A new ideology, which has been emerged over a long period of time that having sex without consent is also a rape will die away.

Sexual violence within the family would not be controlled.

CONCLUSION

In conclusion, it can be said that Indian society is evolving with such new ideologies which are bringing all matters related to liberty, equality and justice to the citizens. Therefore the marital rape is also under the consideration of supreme court of India and soon it will be decided as MARITAL RAPE.