Marital Rape Needs To Be Criminalized

An article on “Marital Rape Needs to be Criminalized” has been written by Madhuparna Chakraborty of MIES R M Law College. Which is one of the best law colleges in West Bengal. Law is one of the most relevant and professionally viable career options today because it affects almost every aspect of our daily lives. Recognizing the law’s impact on people’s lives is critical. MIES RM Law College set up one of the best modern equipped premier Law College in Sonarpur, South Kolkata. MIES R M Law College, Kolkata has completed many years with its brilliant journey providing the best Indian Law Education possible to future lawyers, advocates, and law officers. It conduct High Court and Supreme Court / Apex court visits for its Students. It is one of the topmost renowned Law Colleges in India. Under Vidyasagar University and approved by the Bar Council of India.

Abstract of Marital Rape Needs To Be Criminalized

Marital Rape is extremely offensive and brutal for any married woman. A man in a society who marries a woman tends to think her to be his all in all subjective property. Though times have changed but still the thought is possessed by few men. A woman being married to a man agrees with the norms and other values. And tries hard to fit into the lives of all the new members.

A man on the other puts effort too to properly putting marriage in society. But we shouldn’t forget the ego, the virile nature a man possesses in a society. A man has more ego and self-consciousness than a woman in a society and somewhere this gets a little in increase when a man gets married to a woman. Though not all men roughly show their domination or ego it would be unfair to say that few do and that too at an extreme. Men love dominating women both sexually and mentally and it’s a fact.

Keywords- Marital rape, Marriage in society, Laws need to be brought down immediately, sexual activities without concern, police action, Ngo’s and other campaigns.

Citation- Harvard

Introduction–Society helps men to develop such a personality. Men raping women is a crime and a man raping his wife is also a crime. In India rape is a crime and so marital rape should also be declared a criminal offense too but the thoughts aren’t showing the results of criminalizing it as an offense.

The basic thing that is what is Marriage

First of all, we need to understand the basic thing that is what is Marriage. Marriage is a social institution that brings both a male and female and is regulated by laws, rules, customs beliefs, and attitudes that prescribe the rights and duties of the partner and accords status to their offspring. (if any), The next thing that we need to understand is why marriage is necessary in society. Marriages are the bedrock of a strong society for the foundation of strong families. In marriage there are five basic institutions those are as follows- a) Society b) Family c) Church d) School e) Market places and lastly f) Government.

So basically we got an idea of marriage and its importance in society. A man and a woman after marriage play a very significant role in society and specially a woman is observed and kept under pressure more than a man. But when something wrong is done to her or with her the in-laws as well as the woman’s parents ask to adjust with the man whom she married. But isn’t the right way to deal with these things, men being abusive in a marriage cannot be left free as others do get an opportunity to harass their wives by keeping these set of examples. These kinds of activities are worse for children to witness and the woman’s mental health worsens and hence directly affects children. Even at times, a woman is pregnant even not left by her husband at times and this is brutality.

Understanding Why Marital Rape Needs To Be Criminalized

“Marital rape” First we need to understand the thing that is this and how it affects a woman in her marital life and how society perceives it. Marital Rape is committed by the person to whom the victim is married. Here marital rape is criminalized in 150 countries, but marital rape under IPC (INDIAN PENAL CODE) only applies in the situation of non-consensual intercourse with a wife who is aged between 12 and 15 years. From here we have got the idea that society puts women after she’s married to a man as a man’s property with whom a man can sexually have pleasures even if she hasn’t got her consent to it….

Family Scenario

This desire when turns violent often the families forces the woman to adjust with her husband and nullifies these kinds of situations by saying he’s her husband and it’s not wrong for him to demand sexual pleasure from the woman even if she’s not having her consent into it. A woman is raised in Indian society by making her understand that in a marriage. A woman is supported by society in various aspects but a woman is also trained to look after her husband’s health and other needs throughout life. But no one cares to look or take care of a woman’s interest, in India in recent statistics it’s been revealed that 82% of women face men who are sexually violent to their wives and 13.7% of former husbands.

Society issue

Women lodging complaints against their husbands for marital rape, face questions by society, and at times the woman is solely blamed by both the families. In recent years the SC seeing an increase in marital rape planning to put a step forward to take action against such crime but it’s just been discussed. A lot of scrutiny will be done to take proper actions but before that seeing and after scrutinizing this should be soon criminalized as men with their desires do not let go of a woman that easily.

A man uses his physical force to harass a woman and this thing continues in marriage at times as well ……..we all know at times we all lose our temperament but one has no right to abuse a woman physically or mentally…but for these abusive activities we still have laws that protect a woman from such men but what about marital rape? How does a man get the right to rape his wife?

Question to the legal system

Why isn’t the law working on it? Does the legal system believe too that a woman is a man’s official property if said after marriage? Why hasn’t it become criminalized? There are millions of questions these women have in their minds and the whole nation isn’t bothered to answer …….. many have already started to believe that patriarchal society and hence no men would want such a law to be implemented as they feel powered soon married to a woman as women are commodities and will always be one of a kind……….

And will satisfy men till their death. Women have started several campaigns in order to make society realize this issue and many NGOs are too coming forward in order to help these women where the law has left them each and every day they are made to understand they are ostracized by the legal platform as the law passively supports marital rape on women or the law is convinced that in a patriarchal society, men have the right to demand sexual pleasures from women even if they do not have consent to it.

Conclusion –

According to me, I guess a law will never be made to criminalize this whole concept of marital rape if it had to be criminalized then it would have been criminalized and wouldn’t have waited so much and so many years for the increase of statistics in marital rape cases. When rape itself is a crime then why not marital rape just because a woman got married and the man gets the right to demand. A married woman goes through the same trauma as any rape victim goes through but she’s forced by all the society and passively by the law too in order to adjust.

Conclusion of Marital Rape Needs To Be Criminalized

A woman is capable of many things but at times when they face thrashes from society too much the pressure becomes extremely difficult for a woman to fight over it. Women of this nation are still hoping and still trying to have faith in the legal system that it would help them and criminalize this concept of MARITAL RAPE at any cost so that they can live freely and have the support of the government and legal system. Women should take very strong actions against these men who are extremely violent to their wives and no woman should wait for any other help because no one accepts it to be a crime but one who faces knows what it is and how worse it is.

MIES R M Law College is one of the law colleges in south Kolkata which provides three-year LL.B degree courses. MIES R M Law College (Under the MIES R M Foundation Trust) with a pious obligation to provide the best Indian Law Education to future lawyers has developed world-class infrastructure and facilities most conducive to academic pursuit. Professors of Calcutta University are attached with MIES R M Law College as visiting faculties. MIES R M Law College also takes extra care of academically and financially poor students. This is one of the top law colleges in West Bengal