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    Marital Rape: RTI Foundation

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    Akshay Sarjan
    Marital rape refers to sexual intercourse without consent from one's spouse. In India, marital rape is not considered a crime according to Section 375 of the Indian Penal Code. A survey found that 1 in 3 married women in India have experienced marital rape, amounting to approximately 83% of married women. An NGO filed a petition in the Delhi High Court seeking to amend Section 375 to criminalize marital rape, and the court observed that denying financial support or expenses could constitute cruelty or rape. The petition is still pending and the courts are expected to safeguard women's equality and autonomy.

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    Marital Rape: RTI Foundation

    Uploaded by

    Akshay Sarjan
    112 views3 pages
    Marital rape refers to sexual intercourse without consent from one's spouse. In India, marital rape is not considered a crime according to Section 375 of the Indian Penal Code. A survey found that 1 in 3 married women in India have experienced marital rape, amounting to approximately 83% of married women. An NGO filed a petition in the Delhi High Court seeking to amend Section 375 to criminalize marital rape, and the court observed that denying financial support or expenses could constitute cruelty or rape. The petition is still pending and the courts are expected to safeguard women's equality and autonomy.

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    Marital rape

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    Marital rape refers to sexual intercourse without consent from one's spouse. In India, marital rape is not considered a crime according to Section 375 of the Indian Penal Code. A survey found that 1 in 3 married women in India have experienced marital rape, amounting to approximately 83% of married women. An NGO filed a petition in the Delhi High Court seeking to amend Section 375 to criminalize marital rape, and the court observed that denying financial support or expenses could constitute cruelty or rape. The petition is still pending and the courts are expected to safeguard women's equality and autonomy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    112 views3 pages

    Marital Rape: RTI Foundation

    Uploaded by

    Akshay Sarjan
    Marital rape refers to sexual intercourse without consent from one's spouse. In India, marital rape is not considered a crime according to Section 375 of the Indian Penal Code. A survey found that 1 in 3 married women in India have experienced marital rape, amounting to approximately 83% of married women. An NGO filed a petition in the Delhi High Court seeking to amend Section 375 to criminalize marital rape, and the court observed that denying financial support or expenses could constitute cruelty or rape. The petition is still pending and the courts are expected to safeguard women's equality and autonomy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Marital rape

    Marital rape refers to sexual intercourse with one’s spouse without


    their consent. However, it is an exception in Section 375, IPC. The
    provision clearly states that “sexual intercourse by a man on his own
    wife even without her consent will not amount to rape”. 

    Marital rape is a big problem in India, and most people believe such a
    thing doesn’t even exist. Wives are deemed to have given consent to
    sex every time her husband wants, which is not only degrading to
    women but a sinister law. 

    A survey conducted by an NGO – RTI Foundation, showed that every 1


    in 3 married women in India is subjected to marital, which brings the
    number to about 83%. The statistics are very high, and the crime is
    heinous, however, the law still remains the same. 

    The aforementioned NGO had filed a petition in the High Court of


    Delhi, seeking amendment of the same. In the matter of RTI
    Foundation v. Union of India (pending), the court vide it’s
    previous order observed that acquiring a woman’s consent via force, or
    by any other means could amount to cruelty if not rape. Any other
    means could include cutting financial ties with her, not providing
    expenses for kids, etc. 

    The petition is still pending before the High Court and a pragmatic
    approach is expected from the court. Many developed countries such
    as the U.K and the USA have already criminalised marital rape. It is
    expected of our Courts to safeguard the equality of women by taking
    appropriate steps.

    Why is marital rape not a crime


    It is simple to assume that marital rape has not been criminalised
    because the statute decriminalising it was framed years ago when the
    society in India was completely different and the framers of the law
    used the best of their judgement while drafting it as per the current
    needs of the society.

    The law was inhumane even then and it still is, however, there are
    some eminent jurists who are in favour of leaving the provision un-
    touched. 

    The former Chief Justice of India, Mr Deepak Mishra in a press


    conference said that ‘there is no need to criminalise marital rape as
    such laws might create absolute anarchy and will ruin our Indian
    family values.’

    This argument might seem harsh and cruel at first, but on further
    analysing it, we can understand that the society in the west is very
    different from ours, customary laws are different and even our
    religions are different, all these factors combined with a high rate of
    illiteracy make such an environment where people are not ready for
    marital rape to be criminalised.
    The aforementioned argument is made from a very conservative
    approach, neglecting modernisation and women empowerment. It not
    only neglects women empowerment but even takes away their right to
    equality. 

    In the case of Independent Thought v. Union of India, the Supreme


    Court took a very pragmatic approach that marriage is no longer a
    social contract but a personal relationship, and not even criminalising
    marriage itself can destroy the institution of marriage. If laws like
    divorce and judicial separation could not destroy marriage, it is very
    unlikely that criminalising marital rape will. Even though marital rape
    is still not a crime, we can hope for the laws to change in the near
    future.

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