Prahlad Rathore, B.A.LL.B, Renaissance Law College, Indore
ABSTRACT
The concept and definition of marital rape has been firstly introduced by sir Mathew Hales wherein he stated that- The husband cannot be guilty of a rape committed by himself upon his lawful wife against her will for the reason of their matrimonial contract. Earlier, she used to be deemed as subservient chattels to her husband. The husband could have had forceful sexual intercourse with his lawful wife without her consent. But later on, in the case of R v. R, the notion underwent a profound transformation after being started recognising the marriage in modern time is among equals. In India, the term marital rape has not defined or criminalised anywhere except sexual intercourse by a man with his wife, the wife being under 15 years of age, but many other countries have criminalised the marital rape as an offence. There are other statutes which provide safeguard to the women against dowry death, sexual harassment, mental and physical torture etc. but marital rape. Later, in 2013, Justice Verma committee recommended for criminalising the offence of marital rape. There are several judgements which made various attempts to secure the women against unheard agony of sexual violence. Recently, the Delhi High court held split verdict in the plea made in RIT Foundation v. Union of India where both the judges have given their opinion regarding marital rape.
