TOPIC – MARITAL RAPE AND CRIMINALISATION
OF SEXUAL ASSULT WITHIN MARRIAGE
MARITAL RAPE
To The Point
- DEFINATION OF MARITAL RAPE
- VOILATION OF ARTICLE 14 & 21
- MARRIAGE IS NOT A LICENCE
- TORTURE OF WIFE
- CASE LAW AND LAW RELATED TO MARITAL RAPE
- GLOBAL PERSPECTIVE
- MISUSE OF LAW
- CONCLUSION
- REFERENCE
ABSTRACT
Marital rape is a deeply concerning and pervasive issue that involves non-consensual sexual acts within the confines of marriage. Despite increased awareness surrounding sexual violence, societal taboos and legal complexities often hinder effective prevention and prosecution. This abstract explores the prevalence, psychological impact on survivors, cultural factors influencing reporting, and the evolving legal landscape surrounding marital rape. Analyzing these facets is crucial for fostering a comprehensive understanding of the issue and advocating for necessary societal and legal changes to address and eradicate this form of intimate violence.
DEFINATION OF MARITAL RAPE
Marital rape refers to any non-consensual sexual activity or penetration perpetrated by one spouse against the other within the bounds of a marital relationship. It involves instances where one partner forces or coerces the other into engaging in sexual acts without their explicit and voluntary consent. Marital rape highlights the importance of recognizing and addressing sexual violence within the context of marriage, challenging the misconception that consent is perpetually implied in marital relationships.
VOILATION OF ARTICLE 14 & 21
In the context of India, Article 14 and 21 of the Constitution play a significant role in addressing issues related to marital rape. Article 14 guarantees the right to equality, ensuring that all individuals are treated equally under the law. Article 21 guarantees the right to life and personal liberty, emphasizing the protection of an individual’s physical and mental integrity
Advocates argue that marital rape violates these constitutional provisions, as it denies equal protection under the law by allowing a disparity in legal treatment between married and unmarried individuals. Moreover, it is viewed as a violation of the right to life and personal liberty, as it infringes upon an individual’s bodily autonomy and dignity.
Legal discussions and reform movements often invoke these constitutional principles to advocate for the criminalization of marital rape and to ensure that legal protections against sexual violence are extended universally, regardless of marital status.
MARRIAGE IS NOT A LICENCE
Absolutely, the concept that marriage is not a license for marital rape underscores the fundamental importance of consent in any intimate relationship. Regardless of marital status, consent must be voluntary, informed, and enthusiastic. Recognizing this principle helps challenge outdated notions and contributes to fostering healthier relationships based on mutual respect and understanding.
TORTURE OF WIFE
Marital rape is indeed considered a form of domestic violence and a violation of a spouse’s autonomy, dignity, and well-being. It is a deeply troubling aspect of intimate partner violence, causing both physical and psychological harm to the survivor. Recognizing marital rape as a form of torture emphasizes the severe impact it can have on the victim, underscoring the importance of legal and societal measures to address and prevent such abuses within marital relationships
CASE LAW AND LAW RELATED TO MARITAL RAPE
Laws regarding marital rape vary widely across jurisdictions. In some places, marital rape is criminalized and treated similarly to rape outside of marriage, with clear legal prohibitions and consequences for offenders. However, in other jurisdictions, legal frameworks may not explicitly address or criminalize marital rape, often due to historical or cultural factors.
1. In a case of R v. L AUSTRALIA (1991)174 CLR 379 , a men was founded guilty in a case of marital rape
2. Sareetha v. Tvenkata subbach AIR 1983 AP 356
3. Saroj Rani v. Sudarshan kumar 1984 AIR 1562
GLOBAL PERSPECTIVE
Global perspectives on marital rape vary widely. more then 100 countries criminalize marital rape, others may not have specific laws addressing it or may have legal exemptions. It’s essential to recognize that cultural, legal, and societal attitudes toward marital rape can differ significantly across regions. Some countries have made progress in acknowledging and addressing this issue, emphasizing the importance of consent within marriage. However, challenges persist, including lack of awareness, social stigma, and gaps in legal frameworks. Advocacy and education play crucial roles in fostering change and promoting a more comprehensive understanding of consent and marital relationships.
1. In Australia 1981
2. In Canada 1983
3. In South Africa 1993
All these countries have enacted their Laws and criminalized the marital rape and it shall be considered marital rape is a offence
But approx 37 countries are not consider marital rape is a rape and in this 37 countries India are including
In a case of R v. R 1991 the United kingdom Lord gives a landmark judgment, he stated that the view that the time had arrived when the law should declare that a rapist remains a rapist subject to the criminal law irrespective of his relationship with his victim.
MISUSE OF LAW
The misuse of law, often referred to as legal abuse, occurs when individuals or entities exploit legal processes or provisions for personal gain or to harm others. This can manifest in various forms, such as filing frivolous lawsuits, making false accusations, or manipulating legal mechanisms for ulterior motives. Misuse of law can undermine the intended purpose of legal systems and negatively impact individuals, businesses, or the broader society.
Efforts to address legal misuse typically involve strengthening legal safeguards, promoting ethical behavior within the legal profession, and implementing measures to deter abuse of legal processes. Striking a balance between protecting against misuse and ensuring access to justice is crucial in maintaining the integrity of legal systems.
CONCLUSION
In conclusion, the issue of marital rape is a complex and multifaceted one that involves legal, social, and human rights considerations. While progress has been made in recognizing and addressing this form of intimate partner violence, there is still work to be done globally to ensure consistent legal frameworks and societal awareness. The evolving understanding that marriage does not grant immunity from sexual violence underscores the importance of promoting consent, equality, and the protection of individuals’ rights within the context of intimate relationships. Ongoing efforts in legislation, advocacy, and education are crucial to eradicating marital rape and fostering relationships based on respect, dignity, and mutual consent
REFERENCE
1.https://en.m.wikipedia.org/wiki/Marital_rape
2.https://www-nextias-com.cdn.ampproject.org
3. https://www.legalserviceindia.com
AUTHOR:-RISHABH DEV GAUTAM , a Student of D.P. VIPRA P.G LAW COLLAGE ASHOK NAGAR SARKANDA BILASPUR(C.G.)
