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Recent developments have brought to light the issue of criminalizing marital rape in India. Analyse the implications of ensuring legal protection for victims of marital rape in the country.
The question of whether marital rape should be criminalized in India is perhaps one of the most hotly debated questions of the moment on account of the implications it has for women rights and the marriage institution. Presently, India remains as one of the few countries in the world where maRead more
The question of whether marital rape should be criminalized in India is perhaps one of the most hotly debated questions of the moment on account of the implications it has for women rights and the marriage institution.
Presently, India remains as one of the few countries in the world where marital rape is not considered a criminal offense. Section 375 of the Indian Penal Code, 1860, which defines the offence of rape contains an exception to the effect that sexual intercourse with his wife is not rape even if she is not willing. This exception has been criticised for stripping married women of control of their bodily person and their dignity and for reinforcing the idea that a wife is the husband’s possession.
The legalisation of marital rape would have the following effects. Firstly, it would offer remedies for survivors of marital rape as they would have an opportunity to report the incident and ensure that the offenders are brought to justice. This could emancipate women and equally convey the message that forced sexual relations within a marriage are unlawful. Second, it would bring Indian law in harmony with the Indian Constitution’s provisions of equality, human dignity, and the right to life. The repeal of the marital rape exception would mean that the law would not view a woman’s consent as any less valid when she is legally married.
However, those against criminalizing marital rape state that the move might lead to the destabilization of marriages and harassment of husbands. Critics also fear that a law like this is not feasible to be implemented in a country like India due to strong-rooted gender bias and power dynamics particularly within marriages.
Finally, the decision to criminalize marital rape is one that cannot be taken lightly as there are risks, implications, and rights that need to be protected on the side of women as well as men in society. Although there is certain logic in the arguments against criminalization, it is impossible to disregard the violation of a married woman’s fundamental rights to control her own body.
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