Proceedings of the 20th International Academic Conference, Madrid

REALITY AND NEED FOR CRIMINALIZATION OF MARITAL RAPE : DOES THE RIGHT OF HUSBAND OVERSHADOW THAT OF WIFE?

RITVIKA THAKUR, SANSKRITI SINGH

Abstract:

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 (such as domestic violence) are highly prevalent in India. The patriarchal tones of the Indian society are also to be blamed, because husbands consider it a matter of right to demand intercourse from their wives. This paper attempts to highlight the plight of married women in India and advocates the criminalization of marital rape in India. The paper draws strength from the fact that more than 50 countries have already held marital rape as a heinous crime. It attempts to look at the state of affairs in some of those countries and compare them with India. Moreover, it does so in the light of the societal conditions prevalent in India, which tend to give men a dominant position over women in all walks of life, from boardroom to the bedroom. Rape, in any form, is a humiliating, degrading and violent act and not merely an outdated concept of penile/vaginal penetration. Restricting the understanding of rape acknowledges that these husbands treat rape as merely sexual intercourse and not violence and hence, condone such behaviour. Instead of making the wife worship husband’s whims, especially sexual, while considering marital relations as practically sacrosanct, it needs to thrive on mutual trust and respect. The Indian law, therefore, needs to evolve with the time and recognize the right of its women to say NO.

Keywords: Marital rape, patriarchal, India, criminalize, domestic violence, right of married women

DOI: 10.20472/IAC.2015.020.095

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