MARITAL RAPE: A NON-CRIMINALIZED LAW IN INDIA

Abstract

Marital rape is the most common repugnant form of masochism in the Indian society and is hidden behind the sacrosanct of marriage but still it is not criminalized in India. Women are regarded as mere objects by the society in today’s world also, though we keep on stressing on the fact that we, women are equal not only in the eyes of law but also in the society. But the increasing instances of violence against women never fail to amaze us that how society and the law treats us with equality. Women are used to satisfy a man’s sexual desire, and her consent doesn’t matter. Once she is married she has to surrender herself to her husband. She is regarded as the property of her husband and a man cannot be punished for violating his own property. There are laws which consider rape as an offence and have penal provisions for punishing the offenders. But our law of the land is silent when it comes to this form of violence, i.e., marital rape. How can marital rape be considered a rape, when upon marriage she has already given her implied consent to satisfy her husband? Unless our society and law considers us, the women as only human beings, we cannot expect some strict legal action to be taken for safeguarding the women. If the society’s thoughts regarding women are limited to only as a material to be used for physical needs, then the laws will remain silent in this type of severe crime. It is a high time for India to consider marital rape as a rape and punish the offenders as per the penal provisions.