What is Marital Rape?
Rape can be defined as a felonious mating, done by a man with a woman against her will or without her consent. But in the Indian Penal Code (IPC), section 375 which defines rape is followed by an exception, which says “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.” This is what we call marital rape. Marital rape is a tactful issue, that should be looked upon with a different perspective and it’s essential on behalf of every individual to be aware of it.
Statistically, 61% of India is referred to as rural while the other 39% is urban. In India, marital is widespread and mostly followed in rural areas. In these areas, due to the trends of patriarchy, women are considered inferior to men and have to agree with everything that a man orders. Secondly, in rural areas, child marriages are also relevant which accelerates it. Because the girl married cannot restrict her husband from torturing her physically, as she’s completely unaware of what she’s undergoing.
From a survey, it has been estimated that 71% of rape cases in India are left unreported. One can easily understand the current social scenario after noticing this value.
Why is marital rape not criminalized in our country?
Many do agree that like other developing countries, India should also criminalize marital rape. But at the same time, we must also take into consideration that, such a decision will create social nihilism. Particularly if we talk about India, the country has its own genuine defaults on the basis of several parameters like literacy rate, insufficiency of monetary allowance of the majority of females, the ethos of the community, high heterogeneity, and poverty.
Feminists argue that the only problem associated with marital rape is a patriarchal society and biased law system. They also humiliate the judicial system by mentioning that the incapability of taking a decision against such a shameful issue represents the limits of the law. But, what’s necessary is their understanding that apart from patriarchy there exist many other social evils glued to marital rape. By arguing without proper understanding shows that they are just fascinated by western cultures and practices.
Problems associated with criminalizing marital rape
On criminalizing marital rape, all the rights will be handed over to the wife. Any sexual activity can be reported as marital rape by the wife and actions will be taken against the husband who’s left with no evidence.
This misuse of the law by a woman can generate high possibilities of family indiscipline and divorce.
By considering some of the laws passed earlier, as the Protection of Women from Domestic Violence Act, the Dowry Prohibition Act, and a few other, instances have been witnessed where a man is accused without any valid evidence.
These issues are very sensitive because no one can mention which evidential information the decisions should be carried out. And hence, accompanied by many feasibilities of an innocent getting charged.
By concluding, it can be said that marital rape is an indirect degradation of one’s family. Instead of running after laws and the illogical statements of some feminists, the government as well as every citizen of the country should aim at eradicating the pre-existing social inequity and at the same time focus on effective phenomena which will be permanent solution to these issues.
It cannot be directly conferred that, our country encourages marital exemptions but it requires a lot of time to have such onerous judgment. And any scamper decision will never be welcomed by the citizens.
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