Marital rape is rape committed against a married person, and it happens without the sexual consent of the spouse. Let’s learn more about marital rape in India.
India recently celebrated its 75th independence anniversary. But women in our country are still not enjoying freedom. Every minute women and girls are becoming the victim of rape, which is a crime against women that violates their rights, self-respect, and dignity.
To understand marital rape in India, we must know the meaning of marital rape. Now, let’s divide marital rape words into two Marital and Rape. The marital term is related to marriage which means a relationship between husband and wife. Rape means sexual intercourse or sexual assault by a person without the victim’s consent. Now the rape committed by her husband is called Marital rape.
Marriage is a lawful and social contract between partners. Sexual intercourse between husband and wife is considered legal. The legality of sex gives the husband the right to force their wife to engage in a sexual activity, which leads to marital rape.
However, it is a criminal offence in other countries, but marital rape in India is not criminalised. India is one of those few countries where men can legally rape their wives and doesn’t consider it a crime.
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The Legality of Martial Rape
One of the most heinous and frequent crimes against women is rape. In India, rape is the 4th most common crime. Rape a “non-consensual sexual intercourse with a woman” in Section 375 of the Indian Penal Code. Section 375(2) of the IPC defines that if a husband forces his wife into sexual activity against her will, then he shall be protected by law if the wife is above 15 years old. Then he shall be protected by law if the wife is above 15 years. Later Supreme Court increased the 15 years to 18 years.
In India, the idea of marital rape is what we mean by “implied consent.” Marriage between a man and a woman implies that both have given their consent to sexual activity.
How Marital Rape Violates the Fundamental Rights of the Women?
Indian Constitution has protected the right to equality of a person, which violates the Non-criminalization of marital rape. According to Articles 14 and 21 of the Indian Constitution, no one shall be denied equality before the law or equal protection and personal liberty under the law. Every person is guaranteed legal protection under this clause of the Constitution. Criminal laws in India treat women who have been raped by their husbands differently and violate the Constitution.
Indian Penal Code was drafted based on English Law which did not recognise men and women as equal. While drafting IPC, married women were not considered as an independent entity but instead considered as the husband’s burden. Thus, women did not have many rights as legal entities. Section 375(2) of the India Penal Code is the base idea of the women’s entity.
Therefore rape laws and rights for women in India have been changed, which initiated new laws, but marital rape in India remains the same.
How Can You Win a Marital Rape in Mumbai?
A criminal lawyer in Mumbai can find the loopholes and prosecute the case. It is necessary to find a criminal lawyer in Mumbai with a skilled and who is an expert in cross-examination. In marital rape cases, the lawyer must prove during the process whether there has been any domestic violence, assault or battery. These charges and marital rape lead to grounds for divorce.
Martial rape is not a crime because marriage refers to the wife giving consent to all the matrimonial obligations, including sexual intercourse. In many countries, marital rape is a heinous crime. Due to the lack of proper act provisions in India, courts cannot define marital rape as an offence. The detection and punishment of marital rape are handled in court using a variety of charges, which the prosecutor or criminal lawyer shall cross-examine. Articles 14 and Article 21 of the Indian Constitution were violated by section 375(2) of the Indian Penal Code, which goes against the rights to privacy and equal protection under the law.