Martial Rape in India: A curse in the Indian Society and in the Criminal Justice System

Deepesh Katariya
Amity Law, School, Amity University, Jaipur, Rajasthan

Volume III, Issue IV, 2020

Institution of marriage gives permission to a male and a female to live together. customary and statutory law. It is a special bond shared between two souls, who wedding knot after promising to be companions for a lifetime. It is the physical, mental spiritual unison of two souls. Marriage provides confidence in wife that husband will not safety and respect her dignity and when he commits unwanted/forcefully intercourse with wife, it breaks this confidence and breaches the trust of the wife. Marital rape refers unwanted intercourse by a man with his wife obtained by force, threat of force or physics violence, when she is unable to give consent. Marital rape could be by the use of force only, a battering rape or sadistic rape. It is a non-consensual act of violent perversion by a husband against the wife where she is physically and sexually abused According to Hindu law, certain religion rites have to be performed. Invoking the fire and performing saptapadi around the sacred fire have been considered to be two of the basic requirements for a traditional marriage. There can be a marriage acceptance in law according to customs which do not insist on performance of such rites, i.e. invoking the fire and performing saptapadi and marriages of this type give rise to legal relationship which the law accepts The Constitution of India has granted the right to equality, liberty and dignity to all of its citizens, however, when it comes to actual implementation of law, this paradigm is hardly revoked. The legal vocabulary is a full of archaic and draconian concepts like ‘restitution of conjugal rights a concept that legally sanctions rape within marriage. The court, according to this concept is empowered to order a spouse to submit to the conjugal act. This provision is read as consent of the partners within marriage. Its language has been used to humiliate and torture women within the domestic arena. Further when it comes to implementation of this clause, the courts in India maintain a conflicting stance whenever the rights of wives are being invoked and often end up giving confusing decisions about rights of spouses within marriage. There are many cause of marital rape in India Amongst them the principal causes of marital rape like poverty, lack of women empowerment This paper talks about the challenges in the implication of women right and its implication the divorce and domestic violence clause.



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