Get Inspired, Be Empowered Forums Sexism & Patriarchy Why is Martial Rape Legal in India? Reply To: Why is Martial Rape Legal in India?

anshika agarwal
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When we talk about rape and sexual harassment, under normal circumstances a person would refer to any such incident as crime. But there is one kind of rape in India that is not illegal and it is not even considered as crime in the eyes of the law. And that is Marital Rape. It’s legal in society.
Section 375, Exception 2 of IPC, says,“sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape.” A study tells us that more than 2/3rd of married women in India whose age is between 15 and 49, have been beaten, raped or forced to provide sex by their husband. In India it is not legal to rape a woman as long as you are married to her. We are living in 2021 and women needs justice. A Man thinks that she is my wife legally so it’s my choice whateveri want to do with her i can do that. But she is not your property, she has an individuality. Her choice and will should be asked 24×7. By not declaring marital rape as crime in India it strengthens men community to do whatever they wish to. Indian laws tell the society that if you want to rape a woman you should marry her, so you will not be punished. In india women’s are not completely aware that they can say no to marital rapes. They can make it illegal too by raising their voice. Sometimes women are beaten or burnt or thrown out of the house if they resist to fulfill their husband’s needs. It’s never about her whether she wants to get physical or not, it’s always decided by man. Some of the most common answers given by men are -How can it be called rape? She is my wife and i have right on her. If i cannot fulfill my wish with my wife then where does i go. Men will never digest if there will be any rule like marital rape is illegal because that day they will lost their rights on women.That’s the reasons of marital rape been legal in india.
How rape can have an age? A girl who is 13 years old and a married woman who is 25 years old, when they both get raped they both faced the same situation and everything is just same. Then how can marital rape is legal. Society should understand that Rape is rape whether its married woman or unmarried, it doesn’t matter. Society is changing every day then why these laws are not updating. When a woman says no it means NO. There is a need of strict laws in these issues and women should raise their voice whenever they feel wrong.