Download This PaperTaking Away Her Right to Say ‘No’
2017 Children, Law, and Society, Prof. (Dr.) Vijender Kumar et al, (eds.), ISBN: 978-93-89657-01-2
12 Pages Posted: 23 Jun 2020
Date Written: June 16, 2017
Abstract
Marital rape or spousal rape refers to non-consensual rape by one’s husband. Though it is as traumatic and excruciating as any other form of rape, it is not a legal offence. The exemption for marital rape is attached to Sec. 375 of the Indian Penal Code itself. Despite repeated attempts and recommendations, successive governments refuse to amend the laws in this regard. The author believes that not criminalising marital rape reduces a woman’s right to say “no” into a privilege that may or may not be conferred by the husband.
This paper attempts to analyse the historical background behind the said provision. It also seeks to understand why the exemption continues to find its place in the rule books, its conflict with other laws and to also suggest the way forward. It questions the absurdity in some of the justifications offered by law-makers to not criminalise marital rape. The author is particularly critical of the abysmally low age (fifteen years) beyond which non-consensual spousal intercourse is not rape.
The author would be using historical and comparative research methodology for the same. The research is doctrinal, quantitative and inter-disciplinary by nature,
It is hoped that this socio-legal analysis paper would address the highly sensitive issue and thereby aid in hastening the long overdue reforms needed in the sphere of marital rape.
Keywords: Child Marriage, Consent, Marital Rape
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