Author: Reshma Katragadda, Student at Manipal University, Jaipur
Co-Author: Rachana Shukla, Student at Manipal University, Jaipur
The definition of Rape which has been mentioned in Section 375 of Indian Penal Code, which has involved all types of non-consensual activity with women and criminalized these activities, but has excluded that Marital Rape with the Exception 2. The non-criminalization of Marital Rape has been taken from the British Era. As everyone is aware of the fact that the Indian Penal Code has been in drafted in the year of 1860 which was the British Era where they have treated women to inferior beings and are treated to be not independent and are given no respect to women. It is very well known fact that men and women are not equals. (Doctrine of Coverture).
According to researchers, more than 100 countries have been known which have criminalized the act of Marital Rape. It is also known that India is one of the only 36 countries where the act of Marital Rape is not considered as an offence which means that Marital Rape is not criminalized. It has also been found that the cases of Domestic Violence in India has approximately reached up to 70% in which all cases are female victims. Most of the cases are kept in silent as in India Pride is given more value that to female, so every time even if they are the victims of domestic violence or marital rape they choose to keep in silent.
As already mentioned in the Section 375 of Indian Penal Code, where Marital Rape is not considered as an offence that does not mean that they have to keep up with their abusive behavior of her husband just because they are legally and financially tied to each other.
In the recent time there has been many acts and amendments coming for the protection of women. But none of them protect a married women from being abused in the marital rape just because she is married legally.