What is Marital Rape?
Rape and sexual assault can occasionally be used interchangeably. The term “marital rape” (sometimes known as “spousal rape”) refers to unwanted sexual contact between a man and his wife that was either gained with the use of physical force, the threat of physical force, or both when the victim was unable to consent.
Marriage is a legally acknowledged partnership between a man and woman and is a sanctioned contract between them. It is acceptable for husbands and wives to have sexual relations. The legality of sex gives husbands the power to compel their wives to engage in sexual activity, which can lead to marital rape.
According to a decision by the Kerala High Court, “Martial rape is a valid reason for divorce. Marital rape is when you treat your female partner’s body as though it belonged to the husband and do sexual acts on her without her consent.
Protection of Women from Domestic Violence Act
Marital rape is recognised as a type of domestic abuse under the Protection of Women from Domestic Violence Act, which was passed by Congress in 2005. Under this statute, a woman may use the legal division process to bring a rape claim against her spouse. We need to own our sexuality and constantly repeat the importance of consent. That permission is crucial, and that consent for marriage is not universal. that it is a part of the physical agency for both men and women to refuse sex when they don’t want it, regardless of their reasons.
In 1932, Poland became the first nation to formally outlaw marital rape. As a result of the second feminism wave, Australia became the first common law nation to approve legislation making marital rape a crime in 1976.
The Supreme Court of India heard a single woman’s request to abort her unborn child after 20 to 24 weeks of pregnancy on September 30. The panel of the Supreme Court said, “Rape includes marital rape,” in addition to declaring that every woman in India has an equal right to safe and legal abortion. The Medical Termination of Pregnancy (MTP) Act was amended in 2017 to include the right to safe abortion for rape victims. The SC ruled that “marital rape” would not be excluded from the definition of “rape.”
Intercourse between married men and women without the disagreement of the partner is referred to as marital rape. However, there is a defence that under Article 21 of our constitution, which guarantees our rights to identification, security, and life, marital rape is not a crime in India.
In India, there are countless instances of domestic violence, divorce, and another manifestation of this problem: rape in war. The treatment of women as deities and the equality of men and women in Hinduism seems to be ideal examples of gender equality. But is it actually practised in real life?
If a woman was raped prior to marriage, it would be considered a crime; yet, if the same behaviour continued after marriage, why doesn’t it constitute a criminal?
In the crime category
Law IPC Section 375 outlines the definition of rape and cites seven conceptions of consent that, if violated, would amount to rape by a male. The key exclusion: “Sexual actions or conduct by a man with his own wife, who is not a person under the age of eighteen, is not rape.” which contest as being unconstitutional. While nations like Canada, Australia, and South Africa also passed legislation making military rape a crime.
Issue
One of the main questions being addressed is whether marriage gives the husband an expectation of having sex and whether the wife has given her implied permission to have sex.
One of the few nations in the world that still allows non-consensual sex during the marriage is India. like rape.
Serious judgement has been viewed as,
The marital rape exception, insofar as it pertains to married girls between the ages of 15 and 18, was ruled illegal by the Supreme Court in 2017.
In India, the idea of marital rape is the definition of what we mean by “implied consent.” It is impossible for a marriage to exist between a man and a woman without both parties have given their agreement to sexual activity.
My viewpoint
The hashtag “marriage strike” is regularly being used by men in opposition to this challenge to the Supreme Court, and it is trending on Twitter.
However, I believe that this is an important issue; if utilised improperly by women, it can be a problem. Because nobody is aware of who is suffering where the way it was implemented would be beneficial. Therefore, it is necessary to criminalise marital rape with additional requirements that also safeguard men’s equality and rules that ensure the prevention of abuse of such laws.
Suggested Reads;Domestic Violence and Abuse, Where is women’s safety??
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