याचिका की रिपोर्ट करें

A law for marital rape

what is marital rape?

Marital Rape refers to a unwanted intercourse by a man with his wife threat of force on physical violence or when she is unable to give consent . It is a non consensual act of violent perversion by a husband against the wife where she is abused physically and sexually. Now we will likely to justify our stand on Marital Rape

Section 375 of the Indian Penal Code (IPC) defines rape as a criminal offense and states that a man commits rape if he has sexual intercourse with a woman without her consent or if she is a minor. However, according to exception 2 to Section 375 “sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

Thus, Indian men could rape their wives if they are older than 15.

It is absurd to have a law in which, one part protects all women from sexual violence but at the same time permits marital rape of a married woman by her husband. Section 9 of the Hindu Marriage Act, 1955 which has been highly debated for years now, wherein a husband can, legally, demand sexual access to a spouse is more than often only used against married women. That should be enough proof to how little sexual consent women have in their marriages. Marital Rape is totally morally, legally, wrong. It is very sad that marital Rape is existed in India . It is a disgraceful offence that has scared the trust and confidence in the institution of marriage.

International laws for marital rape

In December 1993 the United State nations High commissioner for human right published the declaration on the elimination of violence against women .This establishes marital Rape as a human right violation . In 1997 UNICEF reported that just 17 states had criminalized marital Rape In 2003 UNIFEM reported that more than 50 states did so . The countries like Poland soviet union were first to criminalized marital Rape. Recent countries to criminalise marital Rape include Zimbabwe (2001), Turkey, Cambodia (2005) Malaysia (2007) Thailand (2007) South Korea (2013).

Marital rape is still a rape