Marital Rape Is Legal In India [2021]

Marital rape is sexual intercourse between a married couple without the proper consent of one. In India we have no such laws against it, also marital rape is non-criminalized. woman’s condition is getting worse than ever.

We live in a patriarchal society where it is said that the woman is always under the protection and authority of the husband. The limitations and rules are already set for the woman. Whether she wants it or not, after marriage she has to give herself to his man. And the husband has full right to exploit her. After marriage woman loses right over her own body, she can’t refuse sexual intercourse with her husband. If she does then no one supports her, neither parents and ill-society nor the Constitution of the country. Women of every section, this or that way are the victims. Even many women of our nation are being suppressed, they don’t have the courage to raise their voice against marital rape. They suffer all pain silently.

STATUS OF MARITAL RAPE IN INDIA

Domestic violence in India is the most prolonged problem. 70 percent of women are victims of domestic violence. According to the NCRB national crime research beau’s (NCRB) crime in India report of 2019, every 16 minutes, a woman is raped and every 4 minutes, a woman experiences physical and mental abuse by her husband and family. Also, the most pathetic thing is that almost 90 percent of the cases are not reported. More than two-thirds of married women in India, aged 15 to 49 have been beaten or forced to provide sex, regardless of their socio-economic position. Throughout the world, Indian women are the worst sufferer. Laws of our country that promises to safeguard the rights and dignity of women are ineffective.

And marital rape is much above Domestic violence. Most horrifying thing is that the Indian penal laws are making marital rape legal. Forcing women for sex without consent is totally unfair. It degrades and disempowers women.
There are no such laws for the protection of women in our country, women are considered as the personal property of their husband after marriage and have the legal right and license to do intercourse with her body against her will. Here the law of our country is failed to provide equality to women. Married and unmarried women should have the right to her body and the right to say NO.

104 counties of the world have criminalized Marital rape and have strict laws and punishment for that. But our country India still have different views and opinion regarding this matter. We are still neglecting this series of crimes. India is one of the 36 countries that still not have considered marital rape as a crime. Rape against unmarried is punishable but to a married woman is not.

The Supreme Court and the various High courts of India have different opinions and have different judgments on this matter. But no Indian government has till now shown active interest in remedying this problem.

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CONCLUSION

Now it is high time, the legislature should take cognizance of this legal infirmity and bring marital rape as a purview of rape. Rape is rape whether done by a stranger or by a husband, the ultimate sufferer is women only. Women and we illiterate generation of the society should raise voices again this unjust.