Marital Rape - Is it a Crime or a Conjugal Right?

Uhmmm... That would be exactly how people would react to such a sensitive topic. India is a nation where openly using the words such as sex, menstruation, gay, lesbian or rape and many more is not prevalent. All such works cannot be said loud; you can only hush, murmur, whisper or not even say these words in public gatherings. In a country where public attitude towards sex are typically very conservative, marriage provides a socially sanctioned outlet for their sexual energy.

Why so?

Traditional beliefs, our bringing and still following the norms of the times when crime rate was low, population was limited and India was an ideal nation. But times have changed; we no more are living in a safe world. We need to speak up and discuss such stuff openly so that every citizen is aware about the crime against all.

Coming onto the topic, we should realize such a fundamental concept: that no means no and rape is rape. I think it's because rape, sadly, is still a very fluid claim. "She was drunk," they say. "She teased him," say others. There are so many reasons and excuses and gray areas that pull the victim into the blame category and it all creates an awful place where facts go to die.

What it Marital Rape ?

Marital rape in layman’s language means rape committed by the person to whom the victim is married. According to Hindu mythology, marriage is a sacred act implying a union, that is, one body and one soul and hence the husband has full right over his wife.

If we look at the issue practically then marital rape refers to an unwanted or forced intercourse by a husband with his wife or through any physical violence due to which she is unable to give consent and since there is a use of force and absence of free consent, it would amount to marital rape. Marriage for Indians is the idea of “coverture”, that the woman is always under the husband’s protection and authority.

A man is never considered guilty of raping his lawful wife “for by their mutual matrimonial consent and contract, the wife hath given herself up in this kind unto her husband whom she cannot retract.”

The issue of marital rape is largely neglected in many nations including India. Patriarchal domination of the society has come up time and again and has granted to the husbands exemption in cases of marital rape basing on the assumption that the wife has given herself to the husband through the contract of marriage. 

Marital Rape Law Issue In India 

In India, marriage is often regarded as a license to have sex; and that’s not entirely in jest. "I’m married," a woman might think, but she only said “yes” to marriage but when she said no for something she meant it and as soon he forced himself on her, it became rape. Despite this, it is expected of the wife that she remains silent and continues with the marriage. The worst disadvantage being the woman is compelled to live with the husband, the rapist himself.

In spite of the present situation where marital rape is given little attention by the legal fraternity, it is a serious offence which in-dignifies a woman. Hence, there lies an urgent need to bring about substantial changes with regard to the laws relating to sexual offences.