Social Issues in Making Marital Rape in India a Crime
The Socil Issues that India is facing for making marital rape a crime are:
- Destabilize the institution of marriage: Families could descend into complete anarchy as a result, and the institution of marriage could be undermined.
- Misuse of Section 498A IPC: Similar to the growing abuse of section 498A of the IPC (harassment given to a married woman by her husband and in-laws), it may become a simple instrument for harassing the husbands.
- Issues with Implementation: Criminalizing marital rape will lead to significant operational problems, such as the reliability of witness testimony and courtroom evidence.
- Cultural Diversity: Before making marital rape a crime, it is important to take into account that India has specific issues related to variables like poverty, huge diversity, lack of financial empowerment for the majority of women, illiteracy, and social attitude.
- Understanding is more Crucial: Simply making marital rape illegal might not be enough to put an end to it because “moral and societal awareness” is crucial to putting an end to such an atrocity.
- The Law Commission did not advise: After carefully evaluating the situation, the Indian Law Commission and the Parliamentary Standing Committee on Home Affairs did not recommend making marital rape a crime.
Note: Regarding the question of making marital rape a crime, the top court is now hearing a number of petitions. The marital rape exception under Section 375 IPC (rape) was challenged by the petitioners on the grounds that it discriminated against married women who are sexually attacked by their husbands. The appeals come after the Delhi High Court issued a divided ruling on whether or not to charge spouses with having extramarital affairs with their wives.
Related Articles:
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