MARITAL RAPE: NOT A CRIME IN INDIA

Mansi Sumani
BlogsCord
Published in
3 min readMay 2, 2020

Why is marital rape still not a crime in India? Does marital rape truly exist ? Why does India refuse to accept marital rape as a crime?

Marital rape can be referred as the rape committed by the victim’s husband. The basic thing which makes it a crime is the lack of consent. It is even considered as a form of domestic violence. But it is more than domestic violence .The scariest part is that, we don’t have a proper term to define it . The word “MARITAL” should not make it seem less than a rape. A rape should not be decided on the basis of the mere conditions ,such as the marital status of a person. Any sort of sexual act which is imposed, forced or contains the lack of consent is RAPE. It does not depend on the marital status of the person.

According to our religious sayings and mythology, marriage is a form of bond between two people and it is considered as the purest bond. But how can one accept an act of sexual harassment and choose to maintain that bond forever , with the person who just raped them. Respect is the root of any relationship then why to live with a man who just denied to accept you as a human.

Marriage is a commitment when two people decide to live like partners. Partners in the journey of life.This relationship is called partnership not ownership. Being married does not mean that you own your partner. You can not do anything that you want. She is not with you to fulfill your wants . When there is a sexual enforcement in marriage, then it will be referred as a rape. Sex and rape are not the same thing, even if it happens in a marriage.

The most important reason for the negligence over this issue is FAMILY.

“YEH TUM DONO KE BEECH KA MAMLA HAI, GHAR KI BAATEN GHAR MEIN HI REHNI CHAHIYE. “

This is the most common response of the victim’s family when she seeks help from them. They are scared from the society. In order to maintain the respect, they want their daughter to keep her mouth shut and continue to live with a rapist, but what about her respect???

This is not only the response of the family but for everyone the marriage makes the sexual violence to be seem less than a crime. The problem is at such extent that almost 70 percent ot the women in India face sexual violence in their marriage. Almost 30 percent of the ratio decides to register complaint . The remaining ones either die due to the torcher or live their life in depression.

The point is that the marital rape is a serious problem and our country India along with many other countries has no specific law against it. It is drastic that we don’t even feel it as a crime. A report says that many women in India especially from the rural back, who are not independent financially are scared to take a step for their justice .It confirmed that women reach hospital for the treatment of injuries they received by the violence but denied to report it as sexual violence.This happens due to the lack of support. Lack of support from their parents, friends and society.

Shall it continue to happen with every other women in India?

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