An Empirical Study On Cases Of Marital Rape In India

Rihaash T, B.A. LL.B. (Hons), Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS), Saveetha University, Chennai

ABSTRACT

Marital rape, the act of forcing your spouse into having sex without proper consent, is an unjust yet not uncommon way to degrade and disempower women. Under the Indian law, there is no provision concerning the criminalisation of the offence of marital rape which is violative in nature of the fundamental rights of the married women. Marital rape is an offence which is committed by the husband on the wife in the name of the sacrament of marriage. It is to be noted that the definition of rape codified in Section 375 of the Indian Penal Code (IPC) includes all forms of sexual assault involving non-consensual intercourse with a woman. However Non- Criminalization of marital rape in India emanates from Exception 2 to Section 375. Marital rape has been impeached in more than 100 countries but, unfortunately, India is one of the only 36 countries where marital rape is still not criminalized. The exemption clause violates the fundamental rights of married women. Such rights should not be waived for married women in order to preserve the institution of marriage. The major objective of the research paper is to study about the offence of marital rape and to analyse the effects of marital rape on the married women. The research method followed here is empirical research and the sample size is 217. The sample frame from where the responses were collected is from in and around Poonamallee, Chennai, Tamil Nadu. The research paper states that there is an increase in the cases of marital rape for the past decade and there is an immediate need to look at the matters concerning marital rape. The research paper also states that the major reason for the prevalence of marital rape in the society is due to male dominance and also the pressure from the society in being a good and a submissive wife. It is to be noted that the major effect or impact of marital rape on married women is the depression which she has to undergo after the incident of marital rape. The research paper concludes that the offence of marital rape should be criminalised to protect the integrity of the women in the society and protect the basic rights of the women which is being guaranteed by the Constitution of India. The criminalisation of marital rape can prove to be beneficial to improve the conditions of the married women in our country.

Keywords: Marital rape, criminalisation, Section 375 of IPC, male dominance, depression, force