Ananya Choudhary, Institute Of Law, Nirma University
ABSTRACT
From ancient time, rape is considered to be a heinous offence. But even after the decades, the punishment for this heinous offence as under IPC remains static. Marital rape is just one other form of rape which is not criminalized in Indian legal system. And this offence is protected by the iron curtains of the views considering marriage to be a sacrosanct contract between a wife and her husband. And it is established in the thinking of the orthodox society that the social contract of marriage marks implied consent of a women to her husband. And thus, women are always considered a property or chattel of her husband. Even though there are huge cries for strict laws against rape, injustice to women, equality, but still this social evil is not criminalized in the Indian Society. Several countries round the globe have criminalized the same. But even though being part of multiple International conventions against marital rape, India had not criminalized the said crime. Multiple reports of Law commission, other committees, bills have advocated for criminalizing marital rape. But still all efforts in vain. Law is a dynamic tool, which need to ensure proper function of the society, so as to ensure everyone is treated equally and fairly. And therefore, it should be used as a tool to bring an end to the orthodox thinking of the Indian society, and criminalize marital rape.
Keywords: Rape, Marital Rape, Indian Penal Code, Injustice, Criminalization
