Get Inspired, Be Empowered Forums Rights & Laws Marital rape isn’t legal, and that’s okay?

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27 replies, 27 voices Last updated by Manpreet Singh 4 months, 1 week ago
  • nehachitroda
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    @nehachitroda
    #31242
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    Rape is rape, irrespective of the identity of person or age, but that person has raped is of main concern. A woman who is raped by a stranger has to live with that horrible attack, a woman who is raped by her own husband has to suffer her whole life and have to live with that person.
    Is marriage a roadway to have sexual relations with a wife or have sex with each other? Marital rape is the act of forcing your spouse into having sex without proper consent, is yet an unjust and uncommon way to degrade women and disempower them. It’s just not in one country but faced by many around the world but India is one of 36 countries where marital rape is still not criminalized. Despite, rape laws in our country, women are still considered or treated as a thing and not as a human when It comes to all these issues.
    Sexual contact is taken to another level where they do it forcefully and is called marital rape where both husband and wives consent should be there but unfortunately, women here also face many problems where this is a vital thing for them to decide, but her consent is least considered and all that is done and has to been done is all in hands or power of males. It doesn’t mean that you once marry then you can do whatever you want to, however, and whenever with your wife, both the persons should be mutually agreeing on this. There is a need for legalizing the acts because many can’t raise their voice because they are told that marrying means doing this is okay.

    • This reply was modified 4 months, 3 weeks ago by nehachitroda.
    Gayatri Somvanshi
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    @gayatri
    #31331
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    Rape is an offence. So whether it is done by a stranger or husband, forcing women to have sexual intercourse without her permission is a crime . We all know that the supreme court has made unwilling intercourse between husband and wife above 15 years of age an exception under the Section 375 of IPC and its wife’s so-called duty to have her husband forced onto her. If law and society is on their page what else can a woman say?
    So practically law itself has given them the license that after marriage you can do whatever they please and enter however and whenever they want.
    Women are never told to fight back and expected to endure the things . It’s very easy to say that it’s okay for a husband to force his wife in bed and it’s the wife’s duty to fulfill his every desire but do they think about women’s feelings? Do after marriage their body is owned by their husbands ?
    The problem is men are taught that a woman after marriage is a thing stamped under their name and it’s a property and they can treat them however they please and women are not taught to fight back as according to society every woman goes through this and that’s okay. Even if they want to report they can only request protection under the case of domestic violence. It’s sad that marriages are routed with these things rather than to be routed with love and respect. Even mamy sex eductors constantly emphasized on the importance of consent of both the partners when it came to sexual intercourse yet there are people who don’t care whether woman is willing or not.Still we hope that someday India would be a better place to live.

    anshika agarwal
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    @anshika-2
    #31367
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    When we are in talks of 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.
    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.Yes! She is your wife. 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. Some of the most common answers given by men are -How can it be called rape? She is my partner. If i cannot fulfill my wish with my wife then where does i go.
    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 not illegal? 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.

    preety agarwal
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    @preety
    #31429
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    Marital rape should be illegal because it’s not okay. Rape is rape either it occurs before girl’s marriage or after her marriage by her husband. If she doesn’t wish to get engaged in sexual intercourse then it’s definitely her choice. No one has right to force her.

    Semantee Chattopadhyay
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    @semantee03
    #31475
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    “No means a no even when she is your wife” – Amitabh Bachchan, Pink.
    It’s 2021 and it’s perfectly fine for a man to rape a woman as long as he is her husband. Since ancient times, “rape” has been a property crime against the husband or father, rather than the woman herself. Rape was not possible within a marriage because it was considered that a man could do anything with his “property”. As generations progressed, rape laws evolved but it was always thought that a woman’s “purity” couldn’t be destroyed by her husband. It was considered that by signing the marriage papers a woman “gives her body” to her husband.
    Section 375 of the Indian penal code(IPC) considers forced sex in marriages a crime only when the wife is below 15. As per the current law, a woman is presumed to deliver consent after she enters into a marital relation.
    A woman is trained to give in to the demands of her husband. It is not even considered rape as “how can a husband rape his wife?” “He cares for her after all” “He just wants some attention after the long tiring day”. It’s high time we raise our concern towards the unheard, untold emotional traumas of women that she undergoes during or after sex. Politicians and public figures every iterated that criminalising rape with the marriage will “destroy marriages”. Basic human rights come above the understanding of a family. Consent is what matters the most.

    Dharani Sri
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    @u19mae026
    #31530
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    Approximately 36 countries including India, in which some rapists are not even considered as criminals because they are married and the victim is their wives. They also have a name for it called MARITAL RAPE.
    According to Section 375, Exception 2 of the Indian Penal Code (IPC), sexual intercourse by a man with his wife, her wife not being under fifteen years of age is not rape. This indirectly says that it is legal and not a crime to rape a woman, until you are married to her.
    This insists to every woman in the country that they are only a sex doll to her husband. They can`t say no or raise against that abusement. If they even come to file a case they are not recognized.
    Because of this many men say that if a man is married, then marriage is their license to rape. If a wife says ‘no’, then where will he go. This ultimately proves that if a woman is married everything about her belongs to her husband, even her body. What a ridiculous thing is this? Section 375 says that girls under 15 years of age, if raped by her husband with or without her consent, is a crime. But when the same happens to women above 15 years is not a crime. How can this be acceptable?
    In India about 70 percent of women are the victims of domestic violence. If they file complaint against their abusement, they are not protected. The law provides a safeguard to the culprits and endanger the victims. Is this the way how government protects the women against harassment?
    A rape is a sexual intercourse of a man with a woman without her will. A rape is a rape. Now think, what is the reason of seeing the marital status of the women? We people are in the year of 2021, our technology is also developing. But what about the law? The government must take necessary actions. at the end of the sentence, no means no.

    Apoorva Pathak
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    @apoorva
    #32050
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    Rape is one of the heinous crime whether it is before marriage or after marriage by husbands. It not only affects the victim physically but also mentally and psychologically. If she is forced to have physical intercourse without her consent is this right. Physical relation in which only one person is taking all pleasure and making other feel burdens. In India, marital rapes are very common as the girl are wed without her consent and they are forced to have physical relation with someone new to her and she is not even feeling comfortable.

    Marital rape often leads to violence in which the husband tries to hurt her and make her do things in which are not comfortable to her. Albeit if a women say no to intercourse with her husband she is ill-treated and seen with doubtful eyes that she might be having affair outside. Reasons behind marital rape are economic dependence of the women on her husband, absence of legal provisions, religious norms that the wife has been pure, devoted towards her husband and never to say no to her husband. These are some unethical concepts in our society.

    There are many laws for marital rape but when women are not well educated they are deprived of availing the opportunity of these laws. In domestic violence 2005 law, there is explicitly written that marital rape is considered as rape only. Criminal law amendment act 2015 consider marital rape as illegal. If a girl is juvenile and had forceful intercourse with her husband in section 375 of IPC I consider rape. Marital rape is considering an act of cruelty under section 498A of IPC.
    It violates fundamental rights of the constitution such as life with dignity. It is a shame for our country that women don’t have the right to their body and not allowed to mention their own choice of having physical relations.

    Manpreet Singh
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    @manpreet
    #32053
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    The definition of rape codified in Section 375 of the Indian Penal Code IPC. However, Exception 2 to Section 375 still exempts any unwilling sexual intercourse between a husband and a wife. The only exception is the age of fewer than fifteen years of age. Section 375 definition of rape thus immunizes such acts from criminal reach. As per law, a wife is presumed to have given a perpetual consent of sort to have sex with her husband after entering into marital relations. Despite unwilling sexual contact, between a husband and a wife, which is recognized as a criminal offense in almost every country of the world. India still has not not criminalized marital rape. The Supreme Court of India is flooded with writ petitions challenging the constitutionality of this exception. In a recent landmark judgment, the Supreme Court criminalized unwilling sexual contact with a wife between fifteen and eighteen years of age. This judgment proved to be a green signal to other writs challenging the constitutionality of Exception 2 as a whole.
    At the time the IPC was drafted in the 1860s, a married woman was not considered a legal entity. She was considered to be the chattel of her husband. She did not possess any of the rights which are now guaranteed to her as an independent legal entity, including the right to file a complaint against another under her own identity. Exception 2, is largely influenced by and derived from this already existing doctrine of merging the woman’s identity with that of her husband. But times have changed. Indian law now affords husbands and wives independent legal identities. Much of the jurisprudence in the modern era is explicitly concerned with the protection of women. This is evident in the plethora of statutes intended to protect women from violence and harassment such as The Protection of Women from Domestic Violence Act and the Sexual Harassment of Women at Workplace Act.
    Exception 2 violates the right to equality enshrined in Article 14. It creates two classes of women based on their marital status and immunizes actions perpetrated by men against their wives. The Exception has made possible the victimization of married women for no reason other than their marital status while protecting unmarried women from those same acts. Other than that, it violates article 21 too.
    The above conclusions clearly reflect that Exception 2 is a infringement of Articles 14 and 21 of the Constitution. It is time that Indian law makers understands the inhumane nature of this provision of law and strikes it down. Also, women are no longer chattel and this old archaic mentality has to be rooted out.

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