Introduction
Marital rape in India is a severe integral issue in Indian society which has to be given a detailed attention. Domestic violence in India is an entrenched problem, as National Crime Bureau’s (NCRB) report ‘Crime in India’ 2019 stated that about 70% of women in India are victim to domestic violence.
Over 100 countries have criminalized the law for the protection of women, unfortunately India is one amongst 36 countries where marital is not considered as a crime.
IPC (Indian Penal Code) 1860 does not consider that it is a crime for a husband to rape his wife. The reasons that are manifold and can be found in various reports of law commission, parliamentary debates and judicial decisions
Exceptionally found Loopholes
In Indian Penal Code 375 on account of Criminal law (Amendment) Act, 2013 by its wording in clearly mentions in Exception 2 i.e. (“Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape”).
The Exception 2 of IPC 375 doesn’t state any reason for the exclusion of sexual intercourse or sexual acts between a man and his wife from the purview of rape.
Marital Rape: Against Legal & Constitutional Rights
Non criminalization of marital rape is evolving since the British era. Doctrine of coverture the marital rape is largely influenced by this doctrine and is derived from this which actually merges the woman’s identity with that of her husband.
Marital rape clearly is violative in nature of fundamental rights especially Article 14 of the Indian Constitution
The exception in the above IPC makes possible the married women victim of marital rape for no reason other than their marital status.
Measures
CEDAW (UN Committee on Elimination of Discrimination Against Women) in 2013 recommended the Indian government should criminalize marital rape.
Justice J S Verma Committee which was found out after nationwide protest over Dec 16, 2012 gang rape case has also recommended an equivalent .
Conclusion
When rape is allowed by law, more than two third of married women in India aged between 15-49 have been beaten or forced to provide sex regardless of their socio-economic positions (As per UN population fund).
1 in every 5 men has forced his wife or partner to have sex (As per International Men and Gender Equality Survey 2011)
Over 104 countries across the world have criminalized marital rape
India, China, Saudi Arabia, Pakistan have not criminalized yet.
References:
- Drishti IAS
- Ili.ac.in
- Ijhssi.org.in
- Ujala.uk.gov.in