ISSUE OF MARITAL RAPE

Marital rape means unwanted intercourse by a man with his wife obtained by force, threat of force or when she is unable to give consent. It is a non - consensual act by the husband against his wife where she is sexually abused. Marital rape is very common in Indian society but it's still a controversial issue and not much talked about. Women in India have always lived under the shadow of men. They have always been taught to give in to what men say. In every sphere of life males have been given more importance than females. Violence against women has always been a major issue in India.

Marriage is considered to give men a license to a woman's body as and when they want. In our society women have been taught never to say "no" to their husbands. This is the reason why a husband feels that he has every right to his wife's body and she feels guilty to deny him of his right. Thus women give in to their husband's wishes and find it difficult to stand up against them. Talking about such sensitive issues in India is considered a taboo. It is something people avoid talking about.

When will India wake up to such serious issues?

In India we do not even think marital rape even exists, let alone a crime. In many countries marital rape has been criminalized but in India it is recognized only between ex - spouses or legally separated spouses.

S.375 of Indian Penal Code states that "sexual intercourse by a man with his wife, the wife not being under the age of fifteen years, is not rape".
S.376A of Indian Penal Code states that "whoever has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine."

Marital rape involves extreme trauma. It's a myth that marital rape involves less degree of trauma then other kinds of rape. It is much more in marital rape since the trust between the husband and wife is shattered and this factor is absent in stranger rape. Feelings of betrayal, trust, anger, fear, denial are some of the outcomes of marital rape. Stranger rape is a one time incident whereas marital rape is rarely one time but, repeated. Women who are raped by their partners suffer severe psychological consequences like anxiety, shock, depression, insomnia, eating disorder, problem in establishing relationships etc.

Studies show that marital rape is the most common type of rape. Studies show that every 6 hours; a young married woman is burnt or beaten to death or pushed to suicide by her husband. More than two-thirds of married women in India aged between 15 and 49 have been beaten, raped or forced to provide sex, according to the UN Population Fund. RAINN shows that 1 in 6 women will be sexually assaulted in their lifetime. Every 2 minutes someone in the U.S is sexually assaulted. Research shows that 60% of sexual assaults go unreported. The National Crime Records Bureau reports 155,553 crimes committed against women in 2005 - 68,810 of which were considered to be domestic violence. In India, around 70 per cent of women are victims of these violent acts in one or another form," said Renuka Choudhury, the junior minister for women and child development. In 2005 the United Nations Population Fund (UNPF) found that one such violent incident cost an Indian woman an estimated seven working days. The UNPF report found that some 70 percent of Indian women believed that wife-beating were justified under certain circumstance, such as refusal to have sex or for not preparing food on time. Though the attitudes towards women in educated, urbanized areas have improved, but those in rural areas remain the same.

The constitution under A.21 provides every citizen of India with a fundamental right to life and personal liberty. Article 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law. It includes the right to live with dignity. In Kharak Singh v. State of U.P. and Sher Singh v. State of Punjab Supreme court held that the right to live life with dignity also includes the right to privacy under A.21. The Supreme Court in the case of Maharashtra v. Madhukar Narayan held that every woman is entitled to sexual privacy and it was not open to any and every person to violate her privacy when he wished. In Vishakha v. State of Rajasthan this right to privacy was extended to workplaces also. In Bodhisattva Gautam v. Subhra Chakraborty the Supreme Court said that "rape is a crime against basic human rights and a violation of the victim's" most cherished of fundamental rights, namely, the right to life enshrined in Article 21 of the Constitution. Yet it negates its own judgment by not recognizing marital rape.

Sir Mathew Hale, Chief Justice in England, during the 1600s wrote, "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, whom she cannot retract."
Recently a British newspaper said that "Britain's television watchdog has censured a Muslim religious channel accusing its presenters of condoning marital rape and calling women who visit mosques wearing perfume as 'prostitutes'. In one programme, the host told viewers that it was 'not strange' and 'not such a big problem' for a man to force his wife to have sex."

There have been problems regarding marital rape in countries where it has been criminalized. One of the major problem is of proving that there has been a marital rape. This is because in a marriage sexual relations are expected. Thus the burden of proof on the victim is a very difficult task.

Thus in my opinion meaning of marital rape should be included in meaning of rape under section 375of Indian Penal Code. It should be treated at the same footing as that of rape. It should not only be limited to ex - spouses or judicially separated spouses. Right to live with dignity should be understood in a broader sense. Therefore there is a need for substantial change in the Indian law and also masses should be made aware of this issue so that they can stand up against the violence against women.