Marital Rape in India, Essays (high school) of Sociology

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MARITAL RAPE: IS IT STILL FINE TO NOT STAND UP AGAINST THE

IMPUNITY?

 Marital rape refers to the rape committed by the assailant to whom he/she is married.  More than 100 nations in the world recognize and cognizes MARITAL RAPE as a crime, but unfortunately, India is one of those 36 countries where this intimate assault is a legalized crime.  According to a report by the National Crime Records Bureau, 70% of women in India are victims of domestic violence. An analysis of the National Family Health Survey (NFHS) 2015-16 data indicates that an estimated 99.1 percent of sexual violence cases go unreported. Domestic violence is an ingrained problem in India. Although the Indian legislative system is no weak, it fails to behold a firm action against marital rape. Marital Rape is one such manifestation of domestic violence.  It is a general perception that women in India aren’t safe on roads, but according to the same survey by NFHS, women are 17 times more likely to face sexual assault from their husbands than any other person.  Indian law system still continues to have a patriarchal outlook that considers married women as the property of their husbands. This outlook has been in practice since the British era, which never recognized women as independent creatures. The Indian law houses fail to understand that marriage should not be viewed as a license to a man to forcibly rape his wife. A married woman should have full rights over her body.

WHAT IS THE CURRENT STATUS OF MARITAL RAPE IN INDIA?

 Section 375 of IPC implies every kind of sexual assault (non-consensual) with a woman as “rape”.  However, exception 2 of section 375 IPC exempts any kind of non-consensual sexual intercourse between a husband and a wife over 15 years of age from the definition of rape. NOTE:- In a recent amendment, the classifying age has been pushed to 18 years from 15 years in response to the nationwide protests.  As per this law, a woman is ought to have what we call “implied consent” to his husband every time.

MARITAL RAPE: AGAINST CONSTITUTIONAL EXCERPTS

 Defeats the spirit of section 375:- The section was designed to protect women from sexual assault and domestic violence, but its own exception 2 fails to protect married women.  Discards Article 21: This section creatively offers the right to privacy, health, and dignity. Marital rape fails to provide all the aforementioned aspects to married women.  Doctrine of Coverture:- The non-criminalized state of marital rape emanates from the British era. The British era never recognized women as independent entities. The marital exception in the definition of rape traces down back to the era when Victorian patriarchal

norms were adapted, which did not allow married women to own property. It also merged the identity of the married couple under the DOCTRINE OF COVERTURE.  Violative of Article 14:- The exception 2 of section 375 IPC violates the article 14 enshrined in the Indian constitution. The article 14 implies equality among individuals and equal treatment served towards them. But, the exception 2 creates two classes of women based on their marital status. Also, it creates a path for the victimization of the married women while protecting the unmarried women from the same. In the landmark Puttaswamy VS Union of India case, Supreme Court recognized all the sexual rights of women regardless of their marital status. Even the Justice Verma Committee urged the supreme court to recognize marital status as a legalized crime. It is high time that the Indian legislature should take cognizance of this sensitive issue and eliminate exception 2 of section 375 IPC. This law needs to be immediately amended if we want to improve the country’s rank in gender equality index and want to eradicate the existing patriarchal mindset. This suffering of Indian women is unjustified and unbearable at any cost. Women are made to have the freedom over their body. None society can develop where such exploitation of women happens. Developing India cannot become developed without protecting the women of the country from such heinous crime. It is high time we give pure support to the victims of domestic abuse as well as violence. Some helpline numbers for women facing any kind of injustice, are- **1091,181, and

SOME DISGRACEFUL FACTS:-**  According to the 2019 report of NCRB, in India, a woman is raped every 16 minutes.  A woman faces cruelty at the hand of her in-laws every four minutes.  An estimated of 99.1% cases of sexual violence go unreported due to the societal pressure and liability of married women on their husbands financially and socially.  Uttar Pradesh is the worst suffered state from dowry, it accounted for almost 28% of dowry-related deaths nationwide.  High numbers of women perpetrators are also arrested for domestic violence, mainly the in-laws.  Nagaland has the lowest crime rate against women.  According to a survey by Thomas Reuters foundation, India is the most dangerous place for women.