Criminalising Marital Rape under the Shackles of Socio Legal Dilemma

Abstract

Marital Rape happens to be one of the critical issues in India which is subject to constant newlinedebate and controversy. There National Family Health Survey and United Nations newlinePopulation Fund have conducted survey which has highlighted the plight of marital rape newlinein India. As of now India doesn t have any proper legislation which penalizes marital newlinerape. There had been several instances when the bill for penalizing marital rape got tabled newlinein Parliament but couldn t see the ray of hope of getting it passed. However, Judiciary newlinehas came forward to at least enhance the age of wife from 15 years to 18years for giving newlineconsent under section 375 of IPC, 1860 by virtue of the landmark case Independent newlineThought v. Union of India (2017) 10 SCC 800. Still the plight of married women falling newlinein the category of 18 years and above remained to be unaddressed. This happens to be an newlineirony for Indian women that after being the largest democracy in the world we are newlineincapable to provide complete justice to our women. There is still a petition pending newlinebefore Delhi High Court regarding the same issue as RIT Foundation v. Union of India, newlineWrit Petition (C) no. 284 of 2015. As far the social dynamics of India is concerned newlinemarriage is seen a pious obligation. Regretfully the social fabric of idea still has newlineconservative mentality for the women. A domestic obligation still lies over women in the newlinefamily. Gender justice is still not very much welcomed in the India families. In such a newlinescenario having consensual sex among the married couples stands to be a misnomer newlineconcept. Wife can also object to have sex with her husband hurts the male ego. It is newlinebecause we believe in implied consent formulae where wife is supposed to accept rather newlinerespect the good or bad demands of her husband. This is quite demeaning the standards of newlineFundamental Rights enshrined under Indian Constitution. Even the legislators have newlinedenied legislating over such issue by saying that it can create imbalance in the Indian newlinefamilies.