Marital Rape Conundrum (original) (raw)
Marital Rape: Assault On Women'S Dignity
2018
A marriage, generally, is a bond of trust and affection.Dependency of women on men, the relationship entails coercive potential. Marital rape is undesirable intercourse by a husband with his wife by force, physical violence or without her consent. Marital rape is a non-consensual act of violence unconventional by a husband against the wife where she is physically, emotionally and sexually abused. It questions the very essence of human relationship, wife is continuously raped by whom she believes the man who is her husband loves her. Marital rape is threatens the basic roots of a relationship where a woman may end up feeling humiliated and deceived .In this article I have discussed about the history of marital rape and its various kinds and legal position of marital rape in India.
Review Paper, 2017
Marital rape usually exists in religious, cultural, and societal beliefs and practices. The traditional views about marriage, the gender differences, and the expectations about wives’ devotion towards their husbands in such cultures, are the reasons that marital rape occurs yet today. The idea that a woman, when married, is giving eternal consent to her husband subsequently that he can demand sex from her any time that suits him, is how the notion of marital rape commenced. In the UK, Rape is considered as having been committed if, and when, the rapist deliberately enters his penis inside the victim’s vagina, anus, or mouth. It is also considered as rape when the victim has not given consent for the penetration, or if the rapist has had no reason to suppose that the victim had given consent for the sexual act(s) to be performed upon him/herself. This paper will first focus on the history of marital rape followed by sexual objectification of women and the conflict of consent in marital rape. Then we will go into the theories and types of marital rape for a better understanding of such a crime and we will also see why marital rape can occur. Following that, we will see ways in which women are affected by marital rape and the complications in deriving data on it.
2015
Historically, the term rape is derived from ?raptus? which implies violent theft, applied to both property and person. Thereby, a woman?s abduction or sexual molestation, merely used to be the theft of a woman against the consent of her guardian or those with legal power over her. The injury was, therefore, against her father or husband, women being wholly owned subsidiaries. Marriages in India are considered as a sacrament. Matrimony binds the wife to her husband in such a way that she is duty-bound to submit to his wishes. Marital rape refers to intercourse that a husband has with his wife against her will. In India, this concept is rejected by the law, because it is believed that a woman who has married a man has impliedly consented to having sexual relations with him. Unless a woman is below the age of 15, she cannot be ?raped? by her husband. As a consequence, it is not a crime to force your wife into sexual intimacy. Statistics indicate that marital rape and related offences (...
ORIENT JOURNAL OF LAW AND SOCIAL SCIENCES, 2011
A man marries to have a home, but also because he doesn't want to be bothered with sex and all that sort of thing.[1] Marital rape and its connotation are very new to the present Indian society because Indian men were believing in the basic thought that married women as Chankya Niti said, [2]“Constant travel brings old age upon a man; a horse becomes old by being constantly tied up; lack of sexual contact with her husband brings old age upon a woman; and garments become old through being left in the sun.” Indian men always think that a woman is their sole property and he has the full right to entertain his right.
The Dark Shadow of Marital Rape: Need to Change the Narrative
Journal of Psychosexual Health , 2022
Marriage is an anthropological, cultural, and legal institution, that establishes socially sanctioned rights and obligations between individuals. In many cultures, marriage forms the basis for acknowledgement of sexual relationships. However, sexual violence and physical aggression within marriages have traditionally formed a grey legal area. Marital rape refers to "forcible sexual assault or violence by one spouse towards the other." 1 In other words, it's the act of sexual intercourse with a spouse without his/her spouse's consent. Though historically establishing sexual relationship between the married couple was considered as a "right" in many societies, the context of consent becomes equally important as among nonmarried individuals. Twentieth century onward, there has been growing international conventions and voices against sexual and intimate partner violence in marriages (more specifically for sexual violence against women). 2 However, in spite of the known devastating consequences of any form of forcible sexual encounter, marital rape has remained under the shadow of legal ambiguity in many nations, outside the criminal law and widely tolerated. Marital rape is mostly, but not exclusively, experienced by women. It tends to form a vicious cycle of abusive relationships between the couple, perpetuating chronic violence. This also varies based on sociocultural and political ideologies. For example, the interpretations of the institution of marriage, traditional ways of viewing male and female sexuality, and cultural expectations of relationship dynamics among the husband-wife dyad have led to concerning reluctance of classifying nonconsensual marital sex as a punishable crime. These doctrines started getting challenged in the West between 1960s and 1970s during the "second wave feminism" that focused on gender respect, autonomy, and right to self-determination (concerning all matters of a women's own physical self and identity). 2 However, marital rape has been overlooked in literature and policies throughout centuries and "marriage" being used as a common exemption/defense in sexual assault cases. This has also led to invalidation of the experiences of marital rape survivors, reduced help-seeking, and persistent trauma.
MARITAL RAPE: NEED FOR CRIMINALISATION
Marriage is a sacrament between two people which is so pure. But raping the partner is an inhuman act and has much more gravity than safeguarding an artificial institution of marriage. A person's bodily and mental integrity is so much above to it. If the sole object behind not criminalizing marital rape is to preserve the conjugal rights of husbands or the marriage institution, "such an object itself is unconstitutional and the exception can't remain in the statute book". It was in the second half of the 20 th century that the concept of marital rape sparked the International interest and momentum. It was then that several international bodies began their work against this marital rape so as to kill the darkness and violence to women. Various International covenants and laws came into being to stop this crime of marital rape. Many nations of the world adopted these laws and rules, but so many of them are still left to adopt and make laws against it. India is one of these countries.
Marital Rape -Malediction To Society
Despite the increased recognition of various Penal laws in India, the Indian Penal Code, 1860 does not criminalize Marital Rape under the provision of section 375, as it does not recognize it as a crime for a husband to rape his wife. In this Paper, I will try to depict how these arguments advanced for not criminalize marital rape are erroneous. This Paper talks about the criminalization of marital rape, whatever form the rape may be analyzed. Any forceful sex without the spouse consent will amount to Rape. This Paper will also discuss why identification of marital rape should come under one of the Explanations of "Rape" as defined under sec 375 of IPC. Through a critical analysis of Article 14 of the Indian Constitution, we argue that the marital rape exception clause found in the Indian Penal Code, 1860 is wholly unconstitutional. Further, we note the lack of existing alternative remedies for a woman to seek redress under the law if she is raped by her husband. I would conclude on the note that criminalization of marital rape is wholly necessary and also propose a model for the same by suggesting amendments to criminal law as well as noting changes required in civil law, particularly, the law relating to divorce.