Srisamuthra.A. & Rashmi Shri.R.S., Bishop Cotton Women’s Christian Law College, Bengaluru
ABSTRACT
This paper describes the concept of Marital Rape, How women are affected due to the non criminalization of marital rape, the forms of Marital rape, How law shield martial rape as a legalized crime, Recommendations made by committees to enact Marital Rape as a crime and judicial views on Marital Rape. Firstly Marital rape is a force sex with their spouse without their consent. It occurs in different forms such as Battering rape, force only rape and obsessive rape.
Further, this paper discusses about the legal framework on which the marital rape victims can resort to. The offence of Rape is dealt under section 375 of IPC.The section 375 lays an exception when Husband makes sexual intercourse with his wife who is not below 18 years, even without her consent, is not considered as Rape. But law ensures Martial rape as a ground for Divorce and a form of domestic violence.
In addition this paper discusses about the various recommendations made by different committees to criminalize Marital Rape. The recommendations made by the 172nd law commission report, Pam Rajput committee, the justice verma committee stressed the need to eradicate discrimination against married and unmarried women.
Also, this paper discusses how Non-Legalising Marital Rape violates the Fundamental Rights. The Article 14 and Article 21 deals with equality and Right to Life respectively. Not criminalising Martial Rape clearly violates the Right to privacy, Right to good health of a woman.
Lastly, the Judiciary plays a prominent role in establishing changes and setting norms against social evils. In Martial Rape concern the court had expressed its views differently. The courts still hesitate to criminalize marital rape reason being it would cause chaos in the families.
