INTRODUCTION
Is it true that ones we marry, husbands get the license to rape their wives? According to many jurists, it is said that the husband cannot be guilty of a rape committed by himself upon his lawful wife because marriage is a mutual contract between husband and wife. Rape is rape whether it is a stranger rape or date rape or marital rape. The law does not treat marital rape as a crime. They consider it as domestic violence and sexual abuse. Simply marital rape or spousal rape is the act of sexual intercourse with one’s spouse without his/ her consent. The lack of consent is one of the essential elements and need not involve physical violence.
PSYCHOLOGICAL IMPACT ON WOMEN
Rape per se is an offence against women violating her dignity and self-respect. When it occurs within four walls of a matrimonial home, it reduces the status of a woman for using her as an object of sexual gratification. Rape within marriage gives a deep scar to the wife. The dread of facing that situation and silently suffer through it is an unbearable thought. It harms women mentally, psychologically or emotionally. It usually occurs in rural areas more than urban areas. A wife doesn’t put a step towards divorce or punishing their husband for same because firstly, due to the social pressure that what actually society will think and secondly, it mostly occurs in rural areas where there is no proper knowledge about the laws which are imposed by our jurisdiction.
SOCIAL DYNAMICS
Do we ever think that why we come across many rape cases done by a stranger but a few of them by a husband? It is so because women are afraid of society, that what people will imagine that husband raped his wife? It is not the wife’s fault, it’s the fault of the mindset of our society and our jurisdiction who is not taking proper steps to overcome these situations. They think if a couple got married, it’s mutual consent and a straight licence to do anything and everything with their wives whether she is having her consent or not in that sexual activity.
As per Hindu law, marriage is a contract between two people but it’s also to be noted that contract is known to be a contract till the time both the parties have consent and ones any one of them back out then contract is also getting to an end. That means if a wife wants a divorce on the ground of marital rape she can appeal for it.
LEGAL PROVISIONS
According to section 376 of the Indian Penal Code,1860, sexual intercourse by husband upon his wife during separation whether under the decree of separation or otherwise will be considered as rape and will be punishable for not less than two years but also may extend to seven years and fine. Also under section 498(A) of the Indian Penal Code, 1860, husbands or relative of husband of a woman subjecting her to cruelty which also leads to an offence. Punishment for the same is three years and fine.
According to Apex court, when the husband is alleged to have forced his wife for oral sex and indulges into the same, it constitutes an offence under section 377 of Indian Penal Code, 1860, which talks about assault or criminal force to woman with intent to outrage her modesty. The essence of a women’s modesty is sex. On these grounds, a wife can ask for divorce with the punishment for doing rape with her as well.
CONCLUSION
We all think that these punishments are not worthwhile. As rape is rape, if a wife does not want husband touch her without wife’s permission then no man can dare to do so. Wives are not an object for their husbands so that they can fulfil their sexual desires. Wives consent is as important as that of their husbands to fulfil sexual gratifications. There shall be proper laws and punishments that jurisdiction shall impose in India. Divorce can be taken on marital rape as well, it is not compulsory that divorce can only be taken based on dowry or assault or battery cases. So, marital rape is no less an offence than murder, culpable homicide or rape per se. It degrades the honour and dignity of women and somewhere, she loses her comfort and self- convenience. Medical evidence also proves that rape has severe and long-lasting consequences for the woman.
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