Anusuya Ghosh, School of Law, KIIT
ABSTRACT
Still, in India, it is legal to sexually abuse a wife by her husband as it is not considered a crime. It is believed that marriage allows the husband to have a force sex with his wife in absence of her consent. Why is it so? If we look, there are more than 1000 cases regarding marital rape, however, it is not considered a crime in India. Rape is rape whosoever it is. if someone is voluntarily doing it without consent or under the misconception, it is crime. then why is India still it is not criminalized? As India is a patriarchal society, the voice of a woman is always suppressed women raise their voice in front of their families as male domination is as considered superior There is always a mind-set that a woman has to sacrifice everything but a man will not, even though it contradicts Art.14 of the Indian constitution where it is mentioned everyone irrespective of gender is equal before the law. Many writ petitions have been filed, but all goes in vain as no action is taken. There is an urgent need in IPC,1860 to bring some reform under sexual offences. Here the author is likely to address the problems, and the protection needed for married women regarding sexual offences and the importance of criminalization of marital rape. The institution of marriage has become an easy tool for husbands to sexually harass their wives.
Keywords: Criminalization marital rape, equality, protection for women, right to life.
