Marital Rape, is a recent contentious issue in Parliament. It is unlawful, forced sexual harassment or sexual intercourse with a woman without her will or permission. Especially it refers to the act of sexual abuse with one’s spouse (wife).
From British law “marital rape” is not illegal. But as time passed by and in 2003 British law has amended it as illegal. But unfortunately, India has not steeped in the decision. Marital rape is not criminalized in India. A total of 2,382 rape cases were registered in 2021. Section 375 of the Indian Constitution IPC deals with rape cases. Along with it, there is an exception that the sexual relationship of a husband with his wife even without her consent would not be called “Rape” if she is above 18 years of age. Girls/women should know their rights. They must be able to differentiate between right and wrong. Society should understand that she is a human and not a thing that they can use whenever and however they want. She is not at all bound to have compulsory sex with her husband whenever he wants. Article 21 of the Indian Constitution throws light on the right to privacy as an intrinsic part of life and personal liberty. Every Indian citizen may be of any gender and allowed to enjoy fundamental rights.
The main two reasons behind the increasing rape cases in our country is (i) poor education of our society that compels them to do such vulgar acts. They don’t have any idea of the problems and pain that a woman faces as a result of their actions. (ii) Un-employability of men. They just sit at home, unemployed, and drunk, ask their wives to work for a living, and have sex.
(iii) For just the sake of lust, they become blind and harass their own wives so brutally. It has a lot of emotional, physical, and mental injuries to a woman. They even can’t explain to others, what her husband did with her. The pain on her private body parts are another big topic. Section 498 IPC safeguards women against mental and physical torture.
In my option the remedy to it to educate society and men, that rape is not only the solution, by means of mobile phones, T. V., associations, and social media. And amending to criminalize “marital rape “as if any case is related to it, the victim can be punished as per the law and order. I don’t say that a husband can’t touch his wife without her will, but every action must be a manner that it shouldn’t turn into rape.
If “marital rape “is criminalized at least the women should not have to be prey to marital rape. And if they are then the victim can be punished as per the law and order. The crime rates or rape rates can be brought into control. Article 51(A) e, renounce practices derogatory to the dignity of women. The morality and ethic and mentality of the society will change.
It is for Courts to decide and serve for morality and humanity.