Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent.
Why Criminalising marital rapes:-
- Earlier, JS Verma had suggested “Law ought to specify that marital relationship is not a valid defence against rape.”
- In the absence of a law, most of the cases of sexual violence go unreported. Married women are reluctant to file a complaint for “rape” against their own husbands owing to the conservationist nature of the Indian society
- The 172nd Law Commission Report also suggested forced sexual intercourse by a husband with his wife should be treated equally as an offence just as any physical violence by a husband against the wife is treated as an offence.
- The wife’s role has traditionally been understood as submissive, docile and that of a homemaker.
- India is already striving to achieve “Gender Equality” – married women must also be provided protection from any sort of violence from their husbands. Like this, we will be able to provide a safe environment for our mothers and sisters.
International Marital Rape Laws
- USA: Became a crime in every state in 1993. Punishment: Imprisonment without parole
- Britain: Rape within marriage became a crime in 1991. Punishment: 5 years prison term
- Bhutan: Marital rape is considered an offence . Punishment: 1 to 3 years of prison term
Facts related to marital rapes:-
- Studies indicate that about 10 – 14% of married women are raped by their husbands:
- 1 in every 5 Indian men admit forcing their wives into sex
- 2/3rd of married women between 15-49 years in India have been beaten, raped
- A marital rape victim is twice more likely to have an abortion or suffer from depression.
- 127 countries do not criminalise rape within marriage
- 603 million women live in countries where marital rape is not considered a crime
