Central theme here is that why marital rape is yet not been recognised as a criminal offence and there is a dire need for laws on marital rape.Rape is an offence against women encroachment of her dignity and self esteem without her consent and when such an act is committed by her own husband,it puts the woman to the position of an object used merely for fulfilling one’s sexual desires . Marital Rape is any undesirable sexual conduct by a partner or ex-partner,committed without the consent or against a female’s will,or consent may be obtained by force,or threat of face intimation,or when a person is not in state of giving consent that is forcefully sexual intercourse by a man with his own wife.Though marital rape is the most common and offensive form of humiliation in indian society,it is hidden behind the cover of martial status.India is one amongst those thirty six countries who have still not criminalised marital rape.However,the supreme court and various high court are deluged with several petitions challenging the constitutionality of this exception of section- 375 of the Indian penal code(herein after referred to as IPC).
DIFFERENCE BETWEEN RAPE AND MARITAL RAPE
a) Rape is being criminalised under indian law under Section 375 of IPC, Whereas marital rape is yet not recognised as crime and also it’s an exception to see 375 of IPC states that sexual intercourse by a man with his own is not rape,condition that the wife should not be under fifteen year of age.
b) For any action to be considered as rape,the relationship between the victim and rapist is not the concerned point,whereas marital rape is a special of rape.It can be conclud from Section-375 of IPC that marital rape is a legal act recognised by Indian law.
TYPE OF MARITAL RAPE :
1. BATTERING RAPE :
This form of rape involves both physical and sexual violence which is experienced by the victim in her relation,such an experience involves violence in various form some are beaten by their partners during sexual violence,or while the rape is being committed it follows with the act of physical violence majority of the victims of martial rape experience this category of harshness.
2. FORCE ONLY RAPE
Amount of force is used by the husband is limited to the unit required to force their wives in the force only category of marital rape.Such force is usually used when the wife has refused for sexual intercourse.
3. OBSESSIVE RAPE:
Whenever a husband is obsessed of have sexual activities and force his wife for the same and if she refuses them the act involves assault,torture and is often physically violent which has been called as sadistic or obsessive rape that is experienced by the remaining women.
REASONS WHY MARITAL RAPE IS STILL LEGAL IN INDIA :
1. LACK OF LAWS :
It is not directly stated anywhere in law that marital rape is a legal action under Indian laws whereas exception of Sec-375 of IPC makes it clear that husband engaging in sexual act with his wife not be covered under age of 15 year will not be covered under the definition of rape.
2. FAMILY PRESSURE :
Under hindu law , marriage is a sacrament which is once tied then can never be broken down by anyone due to any reasons. The objective behind such a relationship is to perform religious duties and to be get progeny.
3.ECONOMIC DEPENDENCE :
Another point that should be focused under this head is economic dependence of a woman over her husband and in-laws because earlier women are not supposed to move out of the house.Married women are unable to protect themselves from such a wrongful practice and are bound to face such brutality of their husband.
1.UNDER DOMESTIC VIOLENCE ACT 2005 :
Protection of women from Domestic Violence Act was enacted in 2005 for providing legal protection to a woman where be face with any crime of domestic violence although the also didn’t consider material rape then she can approach the court seeking judicial separation.Just a small step made by a legislature for making recognising of such offences .
2.SECTION 376(B) OF IPC
Section-376(B) provides punishment for a husband who is living separately whether under a decree of divorce or otherwise forcefully has sexual intercourse with his wife shall be punished with imprisonment of not less than two year which may extent to seven years.