Issues & Challenges Related To Marital Rape in India
Journal Title: International Journal of Humanities and Social Science Invention - Year 2018, Vol 7, Issue 4
Abstract
“Rape”, the most basic yet the most severe violation of human rights of women, is punishable by law and unanimously treated as a heinous crime across the globe. The Supreme Court of India has very clearly stated that “Rape is a deathless shame & the gravest crime against the human dignity”. Marital Rape, on the other hand is rape which takes place within the confines of the institution of marriage. It is physical violence which is committed by one’s own husband. As per Indian scenario, according to Section 375 of Indian Penal Code, the rape of one’s wife, who is above 15 years of age, is not considered to be as a punishable offence. The exemption clause is not just an accidental loophole in the law but has its roots in English legal system which can be traced from a judgment delivered almost 300 years ago by CJ Lord Hale in the 17th century. According to National Family Health Survey (2015-16) 10.4% of married women across age groups complain of spousal sexual violence. Even Social Constructivist Theory suggests that this social reality is because of the fact that men have dominated the law making & political sphere since ancient times. The rationale behind keeping marital rape under exemption is the notion of “Implied Irrevocable Consent”, which in simple word means that once a woman gets married, she has given her consent. The present research is a doctrinal study and secondary sources are derived from books, journals, online databases. The Objectives of the current research are: To study the magnitude of marital rape in India. To study the national and international legislative measures regarding marital rape. To suggest measures and remedies to strengthen the existing sociological, psychological & legal mechanisms. However, the recent landmark judgment of the Supreme Court where privacy has been upheld as a fundamental right can be used to strengthen the argument to criminalize marital rape irrespective of age. The researchers will thus deduce a workable blueprint for the systematic handling of victims of marital rape.
Authors and Affiliations
Prof. Kshitij Naikade, Dr. Garima Pal
Keywords
Related Articles
- EP ID EP398548
- DOI -
- Views 77
- Downloads 0
Alleged Religion Blasphemy in Contemporary Indonesia
This study is aimed at describing the discourse on religion blasphemy in contemporary Indonesia. It is intended to figure out the context of situation and the ideology behind the texts. The research methodology is based...
Indo- Russian Political Ties: New Framework and Similarities
India Russia relations have been smooth since India emerged as an independent nation in 1947.While before 1990s these relation were governed by the broader framework of cold war revelry and its related dynamics but since...
Evaluation of NDLEA Radio Campaign Influence on Drug Abuse among Youths in Onitsha Metropolis
Drug abuse has a devastating consequence for individuals, families and society. It has wrecked the fortunes of many youths who roam the streets as mental cases, abandoned to their fate by society. The National Drug Law E...
An Analysis of Impact of Human Capital Investment on Demographic Characteristics of Human Resources: A Study of Chennai District, Tamil Nadu, India
The demographic features of the 2011census of India have revealed that India is the second largest country next to China in terms of working age population (25 - 50 years) in the world. It has been known that the country...
An Analysis Of Islamic Law Toward Affection Reward In Malay Coastal Society In Deli Serdang: The Practice of giving Inheritance to the Grandchild who hampered because the Parents died previously from the Heir
This research provides the latest information about the analysis of Islamic law to the affection reward in Malay coastal society in Deli Serdang area (the practice of giving inheritance to the grandchild who hampered bec...