Need for Criminalizing the Marital Rape Under Section 375 of The Indian Penal Code

Abstract

Sexual violence and its various forms have been recognized by all the society and it has been recorded by history. It is not only a crime against the women but it has been considered as a crime against the society. “Rape is the severe violation of human rights of women. It is also against basic rights of the individuals. Till now the marital rape has not been recognized. The law does not punish the rape within the marriage if the women who is above 18years of age and there is a requirement for special law on marital rape in India and it should also be accepted with international norms on this particular issue. Women have also been guaranteed the rights under the constitution i.e., Right to fight for protection. But her own husband whom she has married with full faith and belief, tries to hurt and torture her by having forceful sex with her without her consent which ultimately spoils her health and well-being. The term marital rape means the act of sexual intercourse with one’s spouse without the spouse consent. The essential element of marital rape is the lack of consent of spouse and it need not involve any violence. And In other words the term marital rape have been considered as a form of domestic violence and sexual abuse. In India the marital rape should be considered as a crime and should provide justice to the married woman. The married women are facing many problems physically as well as psychologically in the form of marital rape. Some of the physical effects of marital rape are injuries to private organs, lacerations, bruising, torn muscles, fatigue and vomiting. Women who have been raped by their husband may suffer severe psychological consequences as well it includes anxiety, shock, intense, fear, depression, suicidal ideation and post traumatic stress. Marital Rape should be treated as offense and provide justice to the victims of married women. This paper tries to discuss about criminalizing the marital rape. And it should also be recognized by law.