Marital Rape Laws Still Missing!

Marital | Rape | Law | Missing | 07th November 2021 | Virtual Wire


Picture -The Daily Beast

“My rapist doesn’t even know he raped me, because the system told him he didn’t”.

According to the World Health Organisation, Sexual violence is any sexual act, attempt to obtain a sexual act, unwanted sexual comments, or acts to traffic, directed against a person’s willingness by any person regardless of the relationship they share, be it at home or work. Even today there are around 33 countries where the constitution doesn’t recognize “marital rape”, India being one of them.

Women are always categorized as the weaker sex and this conception has manifested in various social institutions and practices. Our past comprises of instances where all the wrong-doings which are justified on this notion of womens’ being a weaker sex. Using marriage as a safe tool for rape has its roots coming out of the legal framework, as people often look for loopholes in the system and use them for the fulfilment of their mischief. Indian constitution being completely ignored about marital rape, with the exception of the wife being less than 18 years, gives society to commit a crime within legal boundaries.

Picture -The Leaflet

Does a marriage give a husband explicit rights to do whatever he wants to do with his wife? Can’t a woman disagree to have sex even after marrying? Section 375 of the Indian penal code doesn’t recognize marital rape if the wife is above 18 years of age. This violates articles 14 and 21 of the constitution as the former claims to provide everyone equality before the law and equal protection of law but article 375 defines a line of difference between the women of age below 15 and above 15 while the latter includes the right of privacy, dignity, health, safe environment but article 375 fails to recognize that any forced sexual desire violates privacy as well as the right to a healthy and dignified life.

Picture -The Quint

‘Let Hundred Guilty Be Acquitted But One Innocent Should Not Be Convicted' Although we all are aware that there are people out there who use laws to harm innocent people but we just can’t ignore the real victims of these kinds of crimes. However, the number is quite a huge difference between those who misuse the legal procedures and those who need it. Therefore, it’s the responsibility of the judiciary to be more vigilant in its justice delivery while preventing any innocent person to be punished on one side and the other side giving its best so that no one misses out on any chance to seek justice.

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