Marital Rape: Legal Status, Social Justice, Arguments & More | UPSC Notes

Marital rape is the non-consensual sexual intercourse between married spouses. It is where one spouse forces the other into sexual acts against his or her will. This serious violation of personal autonomy occurs within the confines of marriage, thus making it complicated in terms of perceptions of consent and legality. Although spouses are intimate with each other, marital rape fundamentally undermines the principles of consent and mutual respect that are essential to a healthy partnership. Both legal reform and change in society require identifying marital rape as a different kind of violence.

What is the Legal Status of Marital Rape in India?

Marital rape in India has the most complex law status. Section 375 of the IPC defines rape but includes an exception wherein husbands cannot be brought to trial for raping their wives, if the wife is above 18 years of age. In this way, marital rape becomes invisible within the Indian legal framework and is considered a private matter rather than a criminal offense. And consequently, the justice meted out remains a far cry for survivors.

The long-fought battle by several activists and groups for criminalizing marital rape goes on the principle that somehow, marriage cannot be inferred as a kind of general permission for sexual violence in any manner. This was growing more evident with much discourses over the rights and bodily autonomy of women through the Indian society during the course of recent years. As of yet, however, that has not caught the legal attention; many of the women still lack redress in that regard.

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Cases & Incidence of Marital Rapes in India

Many cases have exposed the dark reality of marital rape in India. One significant case was that of a woman who was put on trial in a highly publicized case, accusing her husband of repeated sexual violence in the name of marital duty. The case, although it presented evidence, clearly highlighted the stigma attached to marital rape in society and failed to provide adequate support for the victim.

Another example is a lady who suffered for many years in her marriage through abuse and exploitation. This case points out the need for change, considering the lack of legal safeguards. Such cases show how marital rape has become common in Indian society, trapping women due to economic dependency, cultural expectations, and fear of backlash from the society.

Arguments for Criminalising Marital Rape

These are the following arguments for criminalising marital rape in any nation including India:

• Issue of Autonomy: Laws related to marital rape emphasizes that marriage does not imply perpetual consent to sexual activity.
• Gender Issues: Laws related to marital rape recognises and addresses the historical gender injustices that have often marginalized women within the ‘marriage’ as an institution.
• Protective Shield: These laws will protect people from domestic violence, sexual abuse by giving them legal protection.
• Emotional Issues: Marital rapes have huge and severe impacct on psychology and emotions of the victims.

Arguments Against Criminalising Marital Rape

These are the following arguments against criminalising marital rape in any nation including India:

• Cultural Issues: Some critics and groups argue that criminalsing marital rape goes against the cultural notion within a community which believes that a husbands have authority over their wives bodies.
• Enforcement Issues: It will be a complex task to prove non-consensual sex within a marriage and thus there will be enforcement issues.
• Family Issues: There will be erosion of family values and sanctity of marriage if such laws are passed.
• Privacy Issues: There will be unnecessary intrusion of state in the family and private affairs of an individual.

Conclusion

Marital rape is an urgent issue the country of India needs attention on. Through the process of labeling this as an offense that seriously violates society's rules, India has a significant role to take in providing rights to the women and also in resolving the legal, social, and psychological problems that prevent crime victims from coming forward in India. Eradication of the stigma and violence involving marital rape would be possible with only broad reforms and proper commitment by the society alone.