Marital Rape Is Not A Crime? With Respect To The Marital Rapes In India With The Foreign Countries

Keerthana N.K, B.COM. LLB, School of Law, Presidency University, Bangalore

ABSTRACT

When we hear the word rape we just think that rape is something that happened to the unknown parties or well-known person without their permission of having sex with other person. And we all know that is a crime. But we didn’t recognize or take any action for the marital rapes which are still did not come out from their home or domestic circle. Most of the women are not aware that sexual assault or the nonconsensual intercourse by her husband is a crime. The moral values in many families will not accept this as a crime. Even in section 375 of Indian Penal Code includes all forms of sexual assault involving nonconsensual intercourse with a woman. However, Exception 2 to Section 375 exempts unwilling sexual intercourse between a husband and a wife over fifteen years of age from Section 375’s definition of “rape” and thus immunizes such acts from prosecution. It is one’s own wish to have sex with another but forcing for having sex. These rights have increasingly been recognised, and consequently marital rape has been criminalised by about 150 countries as of 2019. In some cases, marital rape is explicitly criminalised; in other cases the law makes no distinction between rape by one’s husband and rape by anyone else. India is one of the thirty-six countries that still have not criminalized marital rape. India is not amending the marital rapes as a crime even in this modern era. The general public has many visions for the marital rape cases.