Causes of India’s Failure to Criminalize Marital Rape

Here are the causes Why in India, Marital Rape is not a criminal offence:

  • Customs and Culture:  Most women are conditioned to believe that their husbands should dominate every aspect of their lives after marriage. Women have been taught by socio-cultural traditions, conventions, and values that it is their duty to always satiate their husband’s sexual desires.
  • “WITH MARRIAGE COMES CONSENT” is a widely held belief: People believe that when two people get married, they enter into a contract because of the traditional prejudices and patriarchal that prevail in the culture. The contract effectively states that anything that occurs during the course of a marriage is consent and that the husband is free to have any relationship with his wife he chooses. The girl’s parents arrange the marriage without giving a thought to what the girl is thinking. Therefore, husbands feel their wife has no say when it comes to engaging in sexual activity as well and that consent does not matter when it is not taken into account in such a large notion as marriage.
  • Family Pressure and Involvement: Once a couple is married, most families put a lot of pressure on them. The only thing they ask of them is to expand their family and carry on the family tradition. Even if a woman does not desire children, Indian households urge her to have them anyhow since they forbid her from exercising her own reproductive autonomy. This familial pressure prompts the husband to coerce his wife into having sex with him in order to conceive her. Because of this, in cases like these, the families are pleased with the continuation of their family line, even if it required raping the lady. They are not concerned with the woman’s well-being or mental health.
  • Absence of Legislation: However, section 375 of the Indian Penal Code makes it clear that a husband engaging in sexual acts with his wife who is not under the age of 15 will not fall under the definition of rape, despite the fact that it is not expressly stated anywhere in any law that marital rape is a legal action under Indian laws.
  • Financial Reliance: Another issue that should be addressed under this heading is a woman’s economic dependence on her husband and in-laws. Because historically, women were not expected to leave the home, even though this mindset is slowly changing, married women are powerless to defend themselves from such wrongdoing and are forced to put up with their husbands’ brutality.

Marital Rape in India: History, Laws, and Challenges

Marital Rape in India: Marital rape is the act of forcible sexual intercourse by a man with his wife without his wife’s consent. To assert their control and strength, some husbands frequently sexually abuse their wives. Since the dawn of time, marriages between people from various cultures have frequently been considered as a means of procreation when the need for permission may not always be present. As a result, many traditions and cultures do not view consent during sex as sexual violence.

Marital Rape directly influences a country’s women rights. Women’s Rights in India are evolving now as compared to the past. In this article, we will read about marital rape in India, Issues related to marital rape, its history, laws, causes etc.

Table of Content

  • Issues Related to Marital Rape in India
  • History of Marital Rape
  • Laws on Marital Rape in India
  • Causes of India’s Failure to Criminalize Marital Rape
  • Global Perspective of Marital Rape
  • Social Issues in Making Rape in Marriage a Crime

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Issues Related to Marital Rape in India

Although many nations now view marital rape as a kind of sexual assault, previously, having sex while married was seen as a spouse’s right. In addition, marital rape is widespread across all of the nations. India is one of around 36 nations that have not made marital rape a crime. This demonstrates India’s propensity for a patriarchal and misogynistic way of life that has been ingrained in Indian society for many years. Because of the preconception that a woman’s primary responsibility is to assure pro-genies, whether with or without consent, so that the family line continues, marital rape is not criminalized in India....

History of Marital Rape

The Soviet Union was the first nation to make marital rape a crime in 1922. Subsequently, many Scandinavian and European nations made rape in marriage a crime. A number of applications asking the Delhi High Court to make marital rape a crime have recently been filed. The Union administration has responded by saying that it is considering a “constructive way” to make it a crime and has solicited ideas from various stakeholders. The petition calls for changing the Indian Penal Code (IPC) Section 375 (rape) as well as other criminal laws....

Laws on Marital Rape in India

Even just the word “rape” conjures up the image of a guy coercing a woman into having sex, and rapes often cause a great uproar. The patriarchal society in our country, however, turns a deaf ear to marital rape and acts as though it has no obligation to help married women who are being violated by their own husbands. The idea that a man can do anything he wants, whether or not his wife agrees, is prevalent in modern Indian society, where a woman is seen as his property after marriage. In India, marital rape is still not considered to be a crime, and the legal situation is still unclear. This is primarily due to the fact that when a rapist and victim are married, the concept of “consent” remains meaningless, leading society to believe that consent comes with marriage by default....

Causes of India’s Failure to Criminalize Marital Rape

Here are the causes Why in India, Marital Rape is not a criminal offence:...

Global Perspective of Marital Rape

The criminalization of marital rape differ significantly from country to country. In some nations, marital rape is considered a criminal offense, and laws are in place to prosecute individuals who engage in non-consensual sexual acts within a marriage. These countries recognize that marriage does not imply a blanket consent to sexual activity and emphasize the importance of spousal consent....

Social Issues in Making Marital Rape in India a Crime

The Socil Issues that India is facing for making marital rape a crime are:...

Conclusion – Marital Rape in India

The common belief is that because a couple is legally married, the husband can violate the dignity and self-worth of his wife without being held accountable. Why shouldn’t the state step in to defend a woman’s right to her body when it may intervene as an arbitrator in the breakup of a marriage? Permission to sexual activity is one thing; consent to violent sexual activity is quite another, and no wife ever agrees to violent sex. The moment has undoubtedly come for the government to make marital rape a crime, or else the courts will have to do it....

FAQs on Marital Rape in India

1. What is the legal status of marital rape in India?...

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