"Rape Is Only The Crime In Which The Victim Becomes The Accused"
When it comes to rape what is the first thought that crosses over our head? It
must be girl who enticed the man or she must be wearing some clothes that
revealed her skin too much for her to go through rape or else since
modernization has approached us we have now been able to partially accept that
its man who is responsible for rape and not woman; but we never had any reason
enough to conclude why rape happens to woman and why she has to go through such
trauma and violation and to add cherry on cake where we make her go through
hurdles of society and tough judicial system which is worse than rape.
Every time there is an amendment in law and new provision has been added where
we make sure accused of rape shall not go free only reasoning it lack of
provision but are we going to keep on making provision for rape accused to just
cover them under crime or take actually harsh steps against them. After Nirbhaya
case in 2012 rape section under Indian penal code has been widely elaborated
section under the suggestion and amendments suggested by Justice Verma
committee. But is that all we need an elaborated section made it easy for legal
authorities to cover the accused of rape under the provision but didn't make it
easy for rape victims to overcome the trauma and get justice.
When we read about rape case, we have been used to consider that its normal and
there's nothing new in it but is that really the case it can be anyone when it
comes to rape and any sort of sexual abuse that can happen to any girl inside
the house or outside the house. Today we focus on the sections of rape and
sexual offences covered under various Acts and how it helps women to protect
their dignity and integrity.
As the title suggests the Man v/s Marital Rape: Question Of Rotten Rights
this new concept of marital rape if asked the answer is non-consensual intimacy
which is by force is marital rape. But when we talk about consent is it there
when there is rape taking place outside the marriage. The difference between
rape and marital rape is that you are staying with the accused known as husband
but ideally its 2/3 sexual assaults where victims are known to Accused fully or
So why at this stage when we have provision for rape, we are in dire need of
having marital rape which is shown as need of hour? Is it that women under
marriage are not protected from sexual abuse?
The answer to this is definitely
no when we look ahead in provisions which clearly punishes husband for sexually
abusing his wife are as follows:
- Section 3 (a) of Protection of Women from Domestic Violence Act 2005 clearly
mentions that (a) harms or injures or endangers the health, safety, life, limb
or well-being, whether mental or physical, of the aggrieved person or tends to
do so and includes causing physical abuse, sexual abuse, verbal and emotional
abuse and economic abuse;
- Section 376 (2) (k) of Indian Penal Code states that, being in a position of
control or dominance over a woman, commits rape on such woman; shall be punished
for term of seven years which may extend up to imprisonment for life and also be
liable for fine.
Section 376(2)(k) cover all man who are in dominance over woman which shall be
given interpretation of husband who are in particular in dominance over woman
thus it covers husband and marital rape.
- Section 498A of Indian Penal Code states that, Husband or relative of
husband of a woman subjecting her to cruelty. —Whoever, being the husband or
the relative of the husband of a woman, subjects such woman to cruelty shall
be punished with imprisonment for a term which may extend to three years
and shall also be liable to fine. Explanation: For the purpose of this
section, "cruelty" means:
- any wilful conduct which is of such a nature as is likely to drive the woman
to commit suicide or to cause grave injury or danger to life, limb or health
(whether mental or physical) of the woman; and be punished for term which may
extend up to 3 years and also liable for fine.
As per recent developments in RIT Foundation v. UOI and other
(2) , marital rape
is considered to be unconstitutional as it gives woman the right which is
already existing in law and taking away the right of man where marital rape
being criminalised will not only put them through legal troubles but also lead
to their families being exploited in name of provision called marital rape.
not only takes away their right but also makes marriage a joke and institute of
it to be exploited in the hands of law where existing crime will be given
recognition and just another legal provision with new added punishment. Rape is
already a crime and marital rape is recognised as mentioned in above sections
under domestic violence and Indian penal Code where cruelty covers mental and
physical cruelty which can be elaborated through an amendment by adding physical
cruelty which is followed by sexual abuse but any separate provision will not
bring any desired change in women's life.
Any sexual abuse on woman under marriage is punishable and talking about legal
technicalities marital rape will not only be difficult to prove through medical
evidence but, will hamper institute of marriage along with paralysing the
judicial system where rape has to be established beyond medical evidence. A
separate provision will not only burden existing judiciary but will lead to end
number of multiplicities of proceeding that woman would file against husband and
his family. Thus, now it's time where women are not protected but by giving
recognition to such provision and criminalising the offence which is already
punishable under law is of no use.
Marital rape versus Man is like fighting for rotten rights of women where they
have rights and remedies which are already in mishap and never sought desired
results for them and on other hand establishing or incorporating another
provision would only destruct the existing legal remedies for woman.
Written By: Bharti Bhogesara
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