Marital Rape in india

MARITAL RAPE IN INDIA: AN EXCEPTION

Marital Rape in India has been one of the main contentous and debatable topics clogging around the legal system in India attracting eyes and opinions of various legal judicials. Marital rape gained influence as soon as it attracted the golden articles of the Constitution and questioned the institution of marriage as it is considered to be a sacred and a religious act in India and proposing charges on account of sexual obligations in marriage would definitely breach trust of both parties to marriage and would also lead to improper use by the parties thereby influencing justice and violating principles of law.

PROVISIONS OF LAW REGARDING MARITAL RAPE:

Section 375 of the Indian Penal Code, 1860 details the provision for marital rape in India which provides detailed charges of rape, however exception (2) of the said section provides that though all acts of sexual intercourse though are charged as rape, one such act by the husband with his wife in consummation of marriage shall not be regarded as rape. However, if the wife is below 15 years of age, it shall be regarded as rape.

The provisions of the law are believed to be of regressive in nature and due to the changing societal norms and rapid changes in law such section is meant to be amended in view of providing security and surety to the female parties so that their interests are not Neglected and that the institution of marriage is not misused. 

RAPE LAWS UNDERGOING CHANGE EXCEPT THE MARITAL RAPE LAWS:

In India rape laws have undergone severe changes with punishments increasing to even death penalties, however the marital rape laws have remained same as it is and have been dealt in with the same way as on its institution.

Basically, the major issue regarding the whole debate going around against the marital rape is that if a married man forces to have sexual relationship with his wife without her consent whereby he uses force, physical violence, or threatens his wife for such favours, the wife shall not be able to file any complaint regarding this matter under any court of justice in India. However, various judgements by High Courts and Supreme Court have laid down that it can be used as a ground of divorce, but the 
burden of proof lies on the affectant party.

Having laid stress on the various change in laws regarding section 375, a debate on whether marital rape should also be amended so as to provide for punishment in case of violation of the said provisions of the Act. The contentions provided by the Home Secretary and several other members against criminalizing marital rape were that it would destroy the institution of marriage and would be used as a ground by the unaffected parties to tortures the innocent in the name of marital rape. The committee on this ground felt that if a woman is aggrieved by her husband, there are other means by which she can approach the court and shall not lay the imposition of marital rape on her husband. The committee pointed out the fact that in India there is a family system prevalent in cases regarding issues related to marriage and the family system is evolving which has allowed families to resolve all such matters related to any marital disputes. Also the law provides for cruelty against women which could be used as a relief sought for protection of women against any wrongful act done by the husband. Thus, the committee found it unsatisfactory to invoke the new provisions of marital rape. 

CONCLUSION: 
In my view the provisions for marital rape should be infused in the Indian Legal System with certain restrictions and conditions which do not allow it to be used in articulative manner as against the innocent parties which would amount to the violation of rule of justice and other principles of law. It is also provided as a view by various jurists and legal members that since it is violative of article 14 and 21 of the Constitution which is true in its own sense. In my view the provisions for marital rape should be infused in the Indian Legal System with certain restrictions and conditions which do not allow it to be used in articulative manner as against the innocent parties which would amount to the violation of rule of justice and other principles of law. It is also provided as a view by various jurists and legal members that since it is violative of article 14 and 21 of the Constitution which is true in its own sense.

Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…

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