MARITAL RAPE

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Marital rape is not completely criminalized in India. It is certainly a genuine type of wrongdoing against women and it deserves government's consideration. Women who are raped by their spouses are more inclined to various attacks and frequently endure long haul, physical and enthusiastic issues.Marital rape is sex by spouse with his better half without her consent or by compulsion or which ends up in danger.


Case law 

Amongst the most horrific cases of marital rape was the case of Phulmoni Dasi (also known as Queen-Empress vs. Hari Mohan Maiti) in 1881. This particular case must be specially mentioned as it had attracted a great deal of attention amongst legislators and the society as well. The facts were that Phulmoni Devi, an eleven-year-old child bride, died due to excessive bleeding when her husband, Hari Mohan, who was in his mid-thirties, tried to consummate their marriage despite his wife being eleven years of age. The husband was subsequently acquitted of the charge of rape because the laws on rape exempted marital rape from the ambit of the penal law completely. The prevalent rape laws permitted a man to have sexual intercourse with his wife, irrespective of her consent, as long as she had attained the age of ten, at that time. Nevertheless, Hari Mohan was charged under Sections 304, 304A, 325 and 338 of the IPC subsequently. In this specific case, it was held by the Court that a man did not have the right to enjoy the person as his wife without any regard for the question of her safety and health.



Marriage does not mean consent. 

Most of the women in India are suffering from marital rape, which according to society and law is not a crime. Does marriage give a man all the rights to rape a woman? I would say no. No one has the right to sexually abuse someone in the name of marriage. There are thousands of victims of marital rape, but the government and our dear society doesn't care. Marriage is a sacramental and contractual obligation to both the individuals according to The Hindu law, but it is not written in The Hindu law that a man can rape his wife. 



Why after so much hustle and bustle on women empowerment, India still doesn’t have laws on marital rape? 

It may be because of the patriarchal norms prevailing in the society. Husbands are considered to be equal to God, so for sexual intercourse and for anything, they cannot be denied by women. Well, here we don’t include the whole community of men, but some of them are responsible for the violence happening against women.



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