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Why marital rape must be criminalised

It is a misfortune of our system in that in the case of Rape, Rapist may be punished till the death punishment but if the Rapist is the husband of prosecutrix than No punishment will be awarded to her husband because she is her husband and wife is nothing more than a sex object. After reading these lines if you are thinking about the marital Rape than you are right In this article we will try to explain that why marital Rape must be criminalized.

What is marital Rape

Marital Rape refers to a unwanted intercourse by a man with his wife threat of force on physical violence or when she is unable to give consent . It is a non consensual act of violent perversion by a husband against the wife where she is abused physically and sexually. Now we will likely to justify our stand on Marital Rape

Validity of Marital Rape in the light of constitution

Marital Rape do not violate any single fundamental rights of wives in fact it is against the whole fundamental right of wives

Some of the example are follows as:

Article 14 :- Equality before law and equal protection of law

It means that law must be equal to all person and if there is any discrimination than it must be reasonable and rational and total autonomy of husband over the body of wife is totally arbitrary, unreasonable and violates the basic principle of Article 14

Article 15

Article 15 says that there must not be any discrimination on the ground of sex and making the sexual relation against the consent of wife violates the Article 15

Article 15 (3)

No laws can be against the women but explanation 2 of Article 375 make it clear that Husband can not be punished for the offence of Rape

Article 21

Everyone have the right to take a decision over their personal life and body and making the sexual intercourse against the consent of wife is against the Article 21 of Indian Constitution

In the sakhi v. Union of India Supreme Court held that explanation (2) of section 375 of Indian penal code should be deleted forced intercourse by a husband with his wife should be treated equally as an offence just as any physical violence by a husband against the wife is a treated as an offence

International law and marital Rape

In December 1993 the United State nations High commissioner for human right published the declaration on the elimination of violence against women .This establishes marital Rape as a human right violation . In 1997 UNICEF reported that just 17 states had criminalized marital Rape In 2003 UNIFEM reported that more than 50 states did so . The countries like Poland soviet union were first to criminalized marital Rape.

Recent countries to criminalise marital Rape include Zimbabwe (2001), Turkey, Cambodia (2005) Malaysia (2007) Thailand (2007) South Korea (2013). According to UN population fund more than two third of the married women in India. Aged between 15 to 49 are severely beaten or forced to provide sex

Now after the above fact it is clear that marital Rape is totally morally, legally, wrong. It is very sad that marital Rape is existed in India a disgraceful offence that has scared the trust and confidence in the institution of marriage.

Now time has come to criminakised a marital rape Indian parliament should make a law for preventing the case of marital and it must be criminalized it is a demand of time and if parliament don't make law for preventing sexual harassment by husband against the wife than Supreme Court make declared the section 375 of IPC with the help of Article 13 ( power of judicial review ) because it is totally arbitrary, discriminatory and against the women's right.

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