Marital Rape: Defacto not Dejure
Written by: Ms. Krati Vats
Abstract
Marital rape is an unwanted or forceful sexual intercourse demand without the free consent of wife or the consent is obtained by threat, assault or any kind of the domestic violence then it is said to be a Marital Rape for Spousal Rape.
Even after celebrating 75th Independence Day, women are not fully independent and there is not a single law which talk about the Marital Rape. Rape harms the dignity of the women which is guarantees under ARTICLE 21 of the Constitution also it broken the women mentally, emotionally and psychological as well.
Rape within the marriage is yet not described in any criminal law so that Indian women have to tolerate this silent crime. In the modern era we are in immense need of laws related to martial rape. It is required not only for women safety but also protecting the wording of the Indian constitution as it talks about Equality and dignity under Article 14 and 21 of Indian constitution.
Unfortunately, society and the legislature does not recognize Marital Rape under the ambit of the sexual voilence by the husband because it happens behind the closed doors of the matrimonial room and shows the darkest side of the women condition in the today’s scenario.
In the 21st Century women are still in the cage of Patriarchy which shows the worst condition of the women and the utmost need of the laws relating to martial Rape.
Researcher wants to research why that kind of crime is taking place in the country where the people Goddess are worship. Researchers also want to know what is the mentality of these people who are doing that kind of crime. And the women are tolerating the torture or the violence.
KEYWORDS- Forceful sexual intercourse, Free consent, Marital Rape, Rape, Dignity, Article 21, Equality, Article 14, Patriarchy.
MARITAL: AN INTRODUCTION
As we know the RAPE is the gravest kind of sexual offence against the women and the offence of rape directly affects the human right of the women and creates the inequality in the society. It is a social as well as politically burning issue in the society.
Marital rape or spousal rape is one of those heinous crime which directly harms the human dignity, freedom and it is also comes in the ambit of Domestic violence.
Marital Rape is the silent tortured to the women because that broke women psychologically, mentally and emotionally in the same way the Rape does.
Literal meaning of marriage is formal union of the man and women by the virtue of it they became husband and wife.
The basic meaning of the Rape is forceful sexual intercourse. By the evolution in time this offence is came up as “Sexual Violence”.
The two terms came into existence by the doing of the forceful sexual intercourse with their own wives. These terms are “Marital Rape” and “Spousal Rape”. But the definition of the forced sex may not be considered as act of the criminal behavior………………………………………. To Read Full Paper Click on the download button below.
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