Abstract :
Beauty provokes harassment, the law says, but it looks through men's eyes while deciding what provokes it . Rape is one of the most brutal forms of violation of women's privacy and integrity which is not only a physical offence against the individual but also causes psychological trauma to the victim, their family and in toto the society. This offence is criminalised as per section 375 of IPC. So here the question arises when such an act against a woman is a crime only for unmarried women while it's yet to be treated as a crime for married woman, is this classification of not criminalising such a grave crime for the married women alone justifiable This paper begins by studying rape and extensively discusses about the controversies surrounding marital rape where the literature on rape is reviewed to draw a nexus between rape and marital rape to prove beyond doubt that all types of rapes are of the same category and is a heinous crime, thus the offenders irrespective of him being a stranger or husband or friend must meet the same ends of justice. The author gives an insight of the life of women who are physically and psychologically affected due to marital rape unable to face justice at the hands of an outmoded society. The author briefs through the legal status of the offence in various constituencies across the world and the commitment of India in International Conventions. The present paper highlights upon the need for criminalisation of marital rape where two of the independent pillars of our democracy has surpassed to the extent of holding that the exception carved out in Section 375 2 of the IPC to be an artificial, arbitrary and discriminatory distinction. The extensive research on rape and marital rape has prompted the author to attract the attention that, "a rapist remains a rapist regardless of his relationship with the victim". The main cerebration of the authors by the referring to above submissions is that marital rape must be criminalised in India.
by Pranaya Dayalu | L. K. Swaraj "Marital Rape: A Crime"
Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-1 , December 2018,
URL: http://www.ijtsrd.com/papers/ijtsrd18956.pdf
Paper URL:http://www.ijtsrd.com/economics/criminology/18956/marital-rape-a-crime/pranaya-dayalu
Keyword :
marital rape, conventions, criminalisations, lacunae, fundamental rights violation, article 14, article 21