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Article Wrting - Marital Rape

The document discusses marital rape and the criminalization of sexual assault within marriage in India. It outlines how marital rape is currently exempted under Indian law and the arguments for and against criminalizing it. Criminalizing marital rape would involve amending laws and addressing social attitudes to protect women's rights and consent within marriage.

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yash.goyal
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10 views3 pages

Article Wrting - Marital Rape

The document discusses marital rape and the criminalization of sexual assault within marriage in India. It outlines how marital rape is currently exempted under Indian law and the arguments for and against criminalizing it. Criminalizing marital rape would involve amending laws and addressing social attitudes to protect women's rights and consent within marriage.

Uploaded by

yash.goyal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ARTICLE WRTING

TITLE : MARITAL RAPE AND


CRIMINALIZATION OF SEXUAL
ASSAULT WITHIN MARRIAGE
AUTHOR: YASH GOYAL
DATE: 15-04-2024
AFFILIATION: CHRIST(DEEMED TO BE
UNIVERSITY),LAVASA CAMPUS
MARITAL RAPE AND CRIMINALIZATION OF SEXUAL
ASSAULT WITHIN MARRIAGE
BY YASH GOYAL

“Statements have been issued against criminalizing marital rape without acknowledging the
fact that most marriages in India survive because women silently endure violence and abuse
within such relationships.” ― Shalu Nigam

Marital rape is a long-standing and delicate issue in India's legal and social systems.
Historically, the Indian justice system has been reticent to recognise the concept of marital
rape due to widespread cultural norms and the perceived sacredness of marriage. However, in
recent years, there has been an increasing need for the prosecution of sexual assault within
marriage, driven by recognition of women's fundamental rights and the need to address the
pervasive problem of sexual abuse. Rape is defined as a criminal crime in Section 375 of the
Indian Penal Code (IPC). However, the IPC has a provision known as the "marital rape
exception," which exempts a husband from prosecution for his wife's rape if she is beyond
the age of 15. This exception has been heavily criticised for perpetuating the notion that a
wife's consent is not required for sexual intercourse within a marriage.
Rape is defined as a criminal crime in Section 375 of the Indian Penal Code (IPC). However,
the IPC has a provision known as the "marital rape exception," which exempts a husband
from prosecution for his wife's rape if she is beyond the age of 15. This exception has been
heavily criticised for perpetuating the notion that a wife's consent is not required for sexual
intercourse within a marriage. In the 2017 decision of Independent Thought v. Union of
India, the Supreme Court of India largely overturned the exemption, declaring that sexual
intercourse with a girl child under the age of 18, even inside marriage, would be constituted
rape. This decision, while a step in the right direction, did not solve the larger issue of marital
rape involving adult women.
The argument over criminalising marital rape is polarising in India. Proponents believe that
the exemption reinforces the patriarchal concept of a woman's subjugation within the
marriage partnership, denying her the fundamental right to bodily autonomy and consent.
They argue that the lack of a legal recourse for marital rape perpetuates the culture of
impunity and normalises sexual violence in the home. Opponents of criminalising marital
rape believe that it undermines the integrity of marriage and leads to the misuse of the law,
potentially resulting in family breakup. They further contend that the subject of marital rape
is complex and culturally sensitive, and that any legal action must address the unique social
and familial dynamics in India.
Several countries, like the United States, the United Kingdom, and Australia, have already
made sexual assault in marriage criminal, acknowledging married women's fundamental
rights.
In India, criminalising marital rape will involve extensive legal and societal responses. This
might include amending the IPC to remove the marital rape exemption, establishing sufficient
legal safeguards and support services for survivors, and addressing the deeply rooted
patriarchal attitudes and gender-based discrimination that perpetuate the culture of sexual
violence in marriage.
Finally, the issue of marital rape emphasises the critical need to prioritise women's rights,
promote gender equality, and develop a social change that recognises the inviolability of
consent, even within the context of a marital relationship. The prohibition of sexual assault in
marriage would be a great step towards safeguarding the safety, dignity, and autonomy of all
people, regardless of marital status.

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