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

10 replies, 10 voices Last updated by Aditi Sahu 2 years, 4 months ago
  • Woospire
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    DISHA SAPKALE
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    @42disha
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    In today’s generation also their are lot of man who rape their wife and it is still not consider as crime. Man should not force their wife to have sex. Both should equally agree to have sexual relationship. From old times women’s are suffering from martial rape because society thinks if women is married than she is the property for her husband he can anything with her without her permission. In villages many of the women who marry the person who is unknown for her because she has to agree with her parents decision but then also she can’t stop her husband to have physical relationship if she don’t want but then also she can’t do anything because of society and family. Still society thinks that giving sex to men whenever he want is wife’s duty. In most of the tv shows, movies, news they show that the treat of rape and sexual violence only comes from outsiders. But in most recent times some of the movie and series had take great initiative to make people aware about facts. In pink movie their is dialogue by Amitabh bachchan if a woman says no that means no then it can be anybody even your own wife also. Their is web series called criminal justice: Behind Closed Doors which make awareness about martial rape is still their in all over the world and how women’s are suffering from daily sexual violence. And then also some women stay quiet for their children and family. Women should raise their voice against such men and government should make legal action for man who does rape their wife without having her consent. Their are many feminists movement and organizations that shows the importance of sexual consent. They also support and encouragement women to fight back against sexual violence.

    PALAK KASHIV
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    @palak
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    Marital rape is having sexual intercourse with a spouse without her consent and it is rape. A lot of men fearlessly do this with their because they know they have the liberty to have sex with their wife without her permission and no one can stop them because it is not considered a crime in India even if some women want to take some action but they can’t take any legal action because there is no law for this. a lot of women are suffering through this every single day, and in our society, nobody dares to talk about their sex life after marriage. Women are living in trauma and it is mentally exhausting for them. Men are always bigger in age than wife if she denies for having physical intercourse, their man ego, and they think they are insulting their manhood. It does not if a woman is married or not nobody has the right to touch and force her without her permission. Family member if a man has been in an environment where he has seen his father forcing her mother, he also tries to do the same with her wife. Studies show that men who are unemployed are more likely to do marital rape. By forcing any woman should think once how much trouble it causes to her wife, he will satisfy his two minutes pleasure but will put his image down in her wife’s eyes, and may she will never able to forgive him. I want to request our government to take some legal laws for this as soon as possible.it is found that younger women are more victims of marital rape than older women. Men learn to respect the women’s choices and try to be gentle with them I don’t forget also she is daughter and sister of someone. Women do not need to suffer all this in silence and start taking action against this.

    anshika agarwal
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    @anshika-2
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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.

    Manpreet Singh
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    In 2021, India still remains one of 36 countries where it is not a crime for a man to rape a woman, the defence being as long as they are married. This exception features in Section 375 of the Indian Penal Code. Exception 2 to Section 375 exempts unwilling sexual intercourse with a wife over fifteen years of age from this definition of rape, making it legal for men to rape women — who happen to be their wives, aged 15 and above. Most countries in the world recognize that rape is rape, period. So, what’s holding India? A careful analysis points to the outdated IPC influenced by back the Victorian era and a rigid patriarchal society mixed with India’s religions which suppresses women’s voices. Our culture, where marriage and family, still hold utmost significance as the building blocks of society. The most difficult obstacle in the way of criminalizing marital rape is none other than the Union Government itself. There are several writ petitions before the Supreme Court and high courts, filed by individuals challenging the marital rape exemption to Section 375, but the government has continued to shield men who rape their wives by citing the same few reasons repeatedly. One critical glance is all it takes to break the reasons down to their barebones: misogyny and misconceptions.

    Former Chief Justice of India Dipak Misra, debating in the favour said, it will create absolute anarchy in families and our country is sustaining itself because of the family platform which upholds family values,”. Here, the basis of this argument is that it works in the West due to stark cultural and socio-economic differences between the two regions.
    The government is arguing that since a majority of people in India are illiterate, uneducated, poor, they believe that a husband cannot rape his wife because a good Indian wife will dutifully consent to her husband forever. The fear of marriages falling apart that is stopping the government from criminalizing marital rape. At which point it becomes important to ask: by placing so much value on marriages and family and pushing for status quo, whose rights is the government protecting? The husbands raping or the wives being raped?

    In Independent Though v. Union of India, the Court specifically explained that marriage is personal and nothing short of the Indian State criminalizing marriage itself can destroy the institution of marriage. It said if divorce and judicial separation have not destroyed the institution of marriage, criminalizing marital rape certainly can not either.

    If criminalizing the violent rape of two-third of married Indian women destabilizes the institute of marriage and family, then so be it, but the tome is right when we should be more focused about the fundamental rights of our women in society.

    nehachitroda
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    WHY IS MARITAL RAPE LEGAL IN INDIA?
    Marital rape is the sexual contact between husband and wife where they are legal partners but the wife doesn’t give consent for this but still is carried on. Rapes are considered crimes because it’s done by an unknown person to another and is reported and legal actions are also conducted but marital rape is not considered a crime, why?
    Because it’s between a known person or because it’s between husband and wife and is fair to have sexual intercourse just because they are legally husband-wife and ‘CONSENT’ doesn’t matter, because it is assumed and old untold rule that husband has all right over her wife in all matters be it family decisions or sexual life or family planning, etc. but that’s not it should be, because being partners doesn’t mean one should be ruling over other and following superiority over other.
    Marital rape is not taken seriously makes male dominance over female and being mostly a patriarchal society makes a man ruling, and they consider themselves in a superior position than their wives because according to traditional thinking it is said that men can do anything and have a whole right over her wife, so it gives rises to more inequality and these issues keep on increasing and it affects women’s mentally, physically, behaviorally.
    Women’s consent matters and should be considered because both partners hold an equal position in marriage. Marital rape is still not looked at as a serious issue and is sided topic in India but many countries have laws and our country should consider this as an important area to discuss and solve this issue.

    Anika
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    Marital rape is the act of sexual intercourse with a spouse without the spouse’s consent. According to Section 375, Exception 2 of the Indian Penal Code (IPC), “sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape.”
    India is one of the 36 countries where marital rape hasn’t been criminalized. A study by the UN Population Fund states that more than two-thirds of married women in India, between the ages of 15 to 49, have been beaten, raped, or forced to provide sex. The Centre says that criminalizing marital rape may destabilize the institution of marriage.
    It is 2021 and marital rape is still not criminalized in India. The very definition of marriage is a union between two people. How can marriages work when your own spouse doesn’t know what consent is?
    I saw various videos debating this topic. Many people, regardless of gender didn’t think marital rape existed. They think that when married, a woman is supposed to give in to her husband every time he wants sex, and that marriage implies consent for sexual relations. This propagates the view that women are men’s property and are supposed to obey everything a man says since after all they’re married right?
    Marriage is not a free ticket to get what you want. Marriages aren’t easy. But you need to respect your partner. Treat your partner like a human. They have feelings. Understand the concept of consent. When your partner isn’t comfortable or says no, you do not go further. Even if they do not say no if they do not say yes, they’re clearly uncomfortable
    Marital rape needs to be criminalized. We cannot act as if marital rape is nothing. Rape is rape. The attitudes of Society needs to improve. We shouldn’t value culture over basic human decency.

    Yash Tiwari
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    @yash
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    Whenever we speak about the sexual abuse of women, it is difficult for us to believe what is happening in our homeland. Recently, and all the time we see that rape is being spread in the name of religion and caste. Is there any country on earth where marital rape is not known? A man can be imprisoned for raping a non-related woman or girl having consensual sex, but a husband who sexually abuses his wife has never been punished by law. The situation is changing today but men are still dominating women and even their gang up against females to rule them. Society will only change when males accept the fact that women exist separately and they have ownership rights. Men should never put down their wife’s respect even if they think she is inferior to them. We have the right to choose whom we want to marry.

    The irony of this is that marital rape is legal in India. Marital rape is a crime in many countries including the United States. This idea of a woman being the property of her husband persists in India, which has led to laws protecting men rather than women. In India, marital rape is not considered a crime. Women’s rights groups argue that while the government has criminalized all forms of sexual violence outside of marriage, acts such as forced sex and domestic assault are not considered criminal within marriage or in relationships. This double standard makes it possible for men to force their wives to have sex against their will without any legal recourse.

    It’s time to change this law and in the meantime, society should be encouraging Indian women not to marry or have physical relations with a man before getting married. Times are changing and if we don’t change, we will be left behind. If you live in India, you need to be aware of the danger your daughter might face as she moves into adulthood. Every year thousands of girls and women suffer unwanted sexual advances that threaten their health and safety. And under Indian law, these same girls and women have no recourse for justice if they are raped by someone they know. The Indian government did what it always does when women are raped — the Central Bureau of Investigation sent a team to make inquiries, but it’s unclear whether anyone will ever be prosecuted for the crime.

    The crux of the matter is that a marriage is considered sacred and inviolable in our society. According to the Hindu religion, the consummation of marriage is not essential for its continuance. But today, despite modern sensibilities and The Constitution, the State has chosen to use marriage itself as a tool of repression. Rape in marriage is perfectly legal, which means that an act as intimately violent as rape can never form part of a contract between two people, even if it is consensual.

    038 deepika Singh
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    Any kind of forced sexual intercourse with a person without prior consent is known as rape and is a crime, irrespective of the relationship between the victim and criminal. It does not matter if the person raping is a stranger, relative, father, brother or a husband of the person being raped. Then why India remains one of the 36 countries where a husband raping his wife is not considered a criminal offence?! What is holding India back from criminalizing marital rape?
    Well, it’s the Union Government itself! Each time several petitions have been handed over to the supreme court and the high court regarding the criminalization of marital rape, our government have continued to protect our men who rape their wives citing that its ‘against our Indian culture’. So in simpler terms what they exactly mean is that, according to our Indian culture it is okay for a man to rape a woman- as long as they are married. They have often criticized those who raised their voice against martial rape saying that it is wrong of them to ‘blindly’ follow the west, without considering the cultural and socio-economic differences between the regions. The government argues that if somehow they criminalize marital rape, then a majority of marriages will fall apart because women will start standing up against their Rapist Husbands. So, the government cares about the fall of marriages over the integrity and rights of our women! They believe that once a woman is married, she automatically transfers her sexual consent to her husband and the husband is allowed to deal with it in whatever manner he desires. It is 2022, and marital rape has still not been criminalised in our country and year after year women have been raped by their own husband but they have not been able take any legal action.

    Afshan Iqbal
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    @afshan
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    Marital rape or any type of rape is RAPE!!

    Nobody I repeat nobody has the right to do this offense no matter if you’re a stranger or a lover or even husband. Rape is a crime and by no means it can be justified whatsoever. Marital rape stands against the light of the right to equality, the right to life with dignity, personhood, sexual, and personal autonomy — all fundamental rights protected under Articles 14, 19, and 21 of the Constitution respectively. So why there is no law against marital rape? Why is it okay when a woman is raped no matter it’s her own husband? Our society is inclined towards a patriarchal system where a husband’s dominance is normal but nothing in this world gives a husband the right to rape his wife. That’s it! Marriage is not a license for men to rape women nor does it make a woman the property of her husband that he can use it. Then why is it so difficult to make a law that punishes the husband the same way a rapist is punished? Why does the judiciary consider this as a private matter of the nuptial relationship? A crime cannot be justified because of the tag of a marriage. There should be a law for marital rape. This crime cannot be non-criminalized because of the fact that a raped woman is married to the culprit. Women out of fear of social stigma don’t file complaints. Victim-blaming culture is common in a patriarchal society, particularly if the victim is a woman so it is the need that women who are raped by their husbands get justice. If the husband forces his wife to have sex with him, he should be considered a criminal and the wife should have the right to go to court and file a complaint against him to get him punished. So I strongly believe that marital rape should be criminalized and marital rape shouldn’t be legal. The judiciary of our country must look into this matter at the earliest.

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