Rape is a term that can give shock to anyone. Rape is the worst thing that can
ever happen to a woman. But still Rape Is Legal in India. Yes, the topic here
I say nothing, not one word, from beginning to end, and neither does he. If it
were lawful for a woman to hate her husband, I would hate him as a rapist.-
Marital rape is any unwanted sexual act by, a spouse committed without consent
or consent obtained by force, or threat of force, intimidation, or any threat.
These sexual acts include intercourse, anal or oral sex, forced sexual behaviour
with other individuals, and other sexual activities that are considered by the
victim as, painful, and unwanted. This is to be noted that with in marriage, if
a woman gives her consent for sexual intercourse due to any of the threat this
would still be counted as NO.
The Marital rape is not legally prohibited in the
Indian penal code if the woman is above 15 Years of age according to section 375
of IPC. It is prohibited only when the woman is living separately from her
husband due to any judicial requirement.
Marital rape is not legally prohibited in India because it is based on the
historical myths that the spouse has all the rights even without the consent of
his wife. In fact, the studies, researches proved that even marital rape also
has an equivalent long-lasting effect on the mentality of woman, also it affects
The mental effects may include: short-term effects - anxiety, shock, intense
fear, depression, and post-traumatic stress. Long-term effects often include
disordered eating, sleep problems, depression, and increased negative feelings
While the physical effects may include injuries to private organs, soreness,
torn muscles, and vomiting. physical consequences which women suffer after being
raped include broken bones, black eyes, bloody noses, and knife wounds that
occur during the sexual violence.
Marital rape is something that needs to be criminalised under IPC but the same
has not been criminalized yet, around 5.4% women claimed that they have
experienced marital rape according to the data obtained in 2015-16, though it is
less than the 9% in 2005-06 but the same must be criminalized. These numbers are
far from the actual because, this is something that every woman canít speak,
Furthermore, this may happen multiple times with the same women.
Itís not like people didn't raise their voice against the section 375
exception it has been observed that From many years Activists , Civil Society
and people in general has been asking for marital rape to be criminalised but it
doesn't seems like it will happen soon, because the Indian Government
contemplates that the population of India is uneducated to understand this law
so they are not implementing, but according to the study conducted by the
International Centre for Research on Women (ICRW) and United Nations Population
Fund (UNFPA) in 2014 in 8 states of India showed that a third of men in those
states admitted to having forced a sexual act on their wives or partners. In
fact, the majority of sexual violence reported by woman are within the marriage.
Over the period, Voices have been raised by different communities, NGO'S, RIT
FOUNDATION, etc. In 2011 marital rape case has been reported to the high court
of Delhi and The Centre told Delhi High Court that criminalising marital rape
may destabilise the institution of marriage and would become an easy tool for
harassing the husbands and this leads to rejection of appeal in the Delhi high
The centre in its affidavit also says that criminalizing marital rape may
also lead to its misuse just like section 498 A of IPC that deals with cruelty
to a wife by her husband or his relatives. In fact, the Jyoti Verma
committee formed after the Nirbhaya case had also recommended government for
removing the exception of marital rape under section 375 was rejected.
In a society where a woman always faces so much restrictions on going out,
staying out and in other activities too this is not bad to say that Not
Criminalising The Marital Rape Is A Curse For India. Directly-Indirectly we are
trying to suppress the women's rights for safeguarding the men. It should be
considered that women are a part of the society in fact they play a major role
for our economy, they must have the right to raise their voice against all such
acts (in which her permission is required) performed by their spouse or anyone
else. The women are trying their best in every field but the men are still
dominating on them and so there should be a platform where women can speak
without any fear about their problems .
Award Winning Article Is Written By: Ms.Suhasini Tahiliani
Authentication No: MA115065426031-30-0521