A STEP TOWARDS CRIMINALIZING MARITAL RAPE

Abstract

Marital Rape refers to unwanted Intercourse (without Consent) by a man with his own wife or that consent is obtained by force, threat of force, or physical Violence, or when she is in a state where she cannot give her consent. Marital rape is generally a non-consensual act of Violence towards her own wife perversion by a husband against her own wife where she is physically and sexually abused. It is a form of sexual abuse and domestic violence. According to National Family Health Survey, 2015-16, Reports showed that 29% of married women have been subjugated to physical and emotional Violence at the hands of their spouse, also 83% of married women observed between the ages of 15 to 49 have over suffered sexual abuse  current Husband as the perpetrator, while 7% refer to a former spouse. Historically husbands have been given the right to use their wives as property that they owned. There was no concept of wife’s consent .Until 1983, the Criminal Law Amendment Act, stated that “ Sexual intercourse by a man with his own wife , the wife not being 15 years of age , is not rape.” The government officials argued that criminalizing marital rape would weaken family values as contract of marriage presumes wife’s consent to have sexual intercourse with her husband.