MARITAL RAPE: EFFECTS OF THIS UNRESOLVED CRIME ON MARITAL RELATIONSHIPS AND THE NEED FOR ITS CRIMINALIZATION IN INDIA

Abstract

In the traditional Indian context, the institution of marriage is considered as one that is to be cherished for a lifetime. It is the coming together of two individuals, two souls and two families. It is a pious institution that is grounded on trust, belief and sanctity. Marriage generates a perception of confidence in the wife that her husband will provide safety and respect her dignity, and when he commits a forceful intercourse with his wife, it disturbs this confidence and breaches the trust of the wife. The real question here is whether husbands should be granted immunity from committing rape solely based on their status? Rape is rape and it violates a woman’s bodily integrity, self-determination and freedom. Rape is considered a crime in India under Section 375 of the Indian Penal Code. Despite the existence of this law, there is an exception in India where certain men can have sex with women against their will. Marital rape is an intimate form of violence which involves unwanted intercourse obtained by force or threat of force or when the wife is unable to consent. This shows how the prevalent existing laws grant absolute freedom from the criminal offence of marital rape solely based on the idea of the institution of marriage. India is that nation where equality and dignity are given foremost importance as the fundamental rights of an individual and the very concept of ‘Marital Rape’ is in indirect violation of the Indian Constitution and the very existence of marital rape is equivalent to mocking it. The Author demonstrates how the existence of this concept is in complete opposition to the existing laws that seek to protect the rights and dignity of women. This Paper highlights the grave and heinous consequences of marital rape in marital relationships. The Author also draws attention to the immediate need to criminalize marital rape in India by drawing parallels of the existing situation in India to foreign nations that have criminalized the crime. The Author champions throughout for the rights of married women and argues against the idea that the contract of marriage is presumed as an irrevocable consent to sexual relations. The Paper finally explores alternative solutions to women who have endured marital rape through the establishment and provision of comprehensive services.