 Marital Rape: A sex being forced emotionally, psychologically or

physically by a spouse without any consent of a victim.

 Marital Rape refers to “unwanted intercourse by a man with his

wife obtained by force, threat of force, or physical violence, or
when she is unable to give consent.”
 Battering rape: In this type of marital rape, women
experience both physical and sexual violence in the
relationship and in many ways.
 Force-only rape: In this type of marital rape, husbands use
only that amount of force, as it is necessary to coerce their
wives.
 Obsessive rape: In obsessive rape, assaults involve brutal
torture and/or perverse sexual acts and are most commonly
violent in form.
 Section 375 of Indian Penal Code (IPC) states the definition of
marital rape- “Rape is considered only incase if sexual
intercourse by man with his own wife is under 15 years of
age”
 IPC do not consider Marital Rape as a Crime. Moreover, it is
gender bias as no mentioning about man as a victim.
Domestic Violence Act introduced in 2005 to protect women
from violence including sexual abuses by their husbands. It too
only provides remedy for the sexual assaults but consider
marital rape as a crime.
 Article 21 provides Right to live with dignity which clearly
not adaptable for marital crime in India. Also violates
Section 375.
 The narrow definition has been criticized by Indian and
international women’s and children organizations, who insist that
including oral sex, sodomy and penetration by foreign objects
within the meaning of rape would not have been inconsistent
with nay constitutional provisions, natural justice or equity.
 Even international law now says that rape may be accepted as the
“sexual penetration, not just penal penetration, but also
threatening, forceful, coercive use of force against the victim,
or the penetration by any object, however slight.”
 Article 2 of the Declaration of the Elimination of Violence
against Women includes marital rape explicitly in the
definition of violence against women. Emphasis on these
provisions is not meant to tantalize, but to give the victim and
not the criminal, the benefit of doubt.
 Implied consent and contract theory: The most common
rationale for the marital rape exemption is Hale's notion that a
marriage constitutes a contract.
 Women as property: A husband was no more capable of raping
her wife since he could not take what he already owned.
 Marital unity: It means that after marriage, the wife's identity
merges into the existence of her husband. This is called as Marital
Unity Doctrine.
 Public and private divide: Marital rape cannot be considered
real rape the argument being that public law cannot enter the
confines of the bedroom.
 Physical effects: The physical effects of marital rape may include
injuries to private organs, soreness, bruising, torn muscles,
fatigue and vomiting. Severe harm to the vaginal and anal areas,
bruising, black eyes, fatigue, vomiting, bloody noses, and knife
wounds occur during the sexual violence.
 Gynecological effects: Vaginal stretching, pelvic pain, urinary
tract infections, miscarriages, and the potential contraction of
sexually transmitted diseases including HIV/AIDS.
 Psychological effects: Victims experience multiple assaults. They
thought of experiencing constant sexual attacks by someone
whom they once trusted, cared and loved.
 ENGLAND: Historically, under British common law, husbands were exempted
from prosecution for raping their wives based on the understanding that marriage
meant implied consent to sex. The turning point for marital rape law in England
was on 23rd October 1991 (which until then believed that wife rape was not an
offence, since there was an implied consent present).
 USA: Nebraska was the first state to abolish marital rape, but the turning point
was the New York case of People Vs. Liberta where it was finally decided that
there was no reason for differentiating between marital rape and non-marital
rape.
 Currently all 50 states criminalize spousal rape, but remnants of the marital rape
exemption are still present in many states' laws. Most states, like California, for
example, define spousal rape as a separate offense than stranger rape.
 SOUTH KOREA : The biggest issue in the judgment of the
Supreme Court of Korea was whether wives would be
considered among the "women" protected under existing rape-
related criminal law.
 "The term 'women' ['Bunyeo' in Korean] refers to all females,
whether they are adults or minors, married or unmarried," the
court said in its majority opinion. All thirteen judges agreed
that sexual acts that took place under duress or threat of
violence should be punished, including between married
couples.
 Most of the common law countries like Australia, South
Africa and Canada have followed the England system and
have abolished marital rape law exemption. For instance, in
Australia under Section 73(4) of the Criminal Law
Consolidation Act, 1953 provides “No person shall, by
reasonably of the fact that he is married to some other person,
be presumed to have consented to an indecent assault by that
other person.
 Turkey criminalized marital rape in 2005
 Mauritius and Thailand did so in 2007.
 In Francis Corallie Muin v. Union Territory of Delhi
((1981) AIR 746 )case, the idea of right to life under
Article 21 of the Constitution was highlighted. The right to
live with human dignity is a standout amongst the most
fundamental component of the right to life which perceives
the independence of a person. The Supreme Court has
held in a catena of cases that the offense of rape abuses
the right to life and the right to live with human dignity
of the victim of the crime of rape.
 The Chairman, Railway Board v. Chandrima Das (2000)
2 SCC 465 The Supreme Court has observed that rape is
not merely an offence under the Indian Penal Code, but is
a crime against the society as whole.
 In the case of State of Maharashtra v. Madhkar Narayan
1991(1) SLR SC 140; AIR 1991 SC 207 ,the Supreme
Court has held that every woman is entitled to her
sexual privacy and it is not open to for any and every
person to violate her privacy as and whenever he
wished.
 In the landmark case of Vishakha v. State of Rajasthan
AIR 1997 SC 3011 the Supreme Court extended this right
of privacy in working environments also. Further, along a
similar line we can translate that there exists a right of
privacy to go into a sexual relationship even inside a
marriage. Subsequently by decriminalizing rape inside a
marriage, the marital exception teaching damages this right
of privacy of a wedded lady and is consequently is illegal.
 Marital rape should be recognized by Parliament as an offence
under the Indian Penal Code. The punishment for marital rape
should be the same as the one prescribed for rape under
Section 376 of the Indian Penal Code. –
 The wife should have an option of getting a decree of divorce
if the charge of marital rape is proved against her husband.
Demand for divorce may be an option for the wife, but if the
wife does not want to resort to divorce and wants to continue
with the marriage then the marriage should be allowed to
continue. Corresponding changes in the matrimonial laws
should be made.
 The immediate need is criminalization of marital rape under
the Indian Penal Code. But, mere declaration of a conduct as
an offence is not enough.
 Something more is required to be done for sensitizing the
judiciary and the police.
 There is also a need to educate the masses about this
crime, as the real objective of criminalizing marital rape
can only be achieved if the society acknowledges and
challenges the prevailing myth that rape by one spouse is
inconsequential.
 We need to understand this very fact that marriage is all about
mutual understanding trust and respect for each other. It is an
innocent expression for mutual love, caring, faith, equality and
consent. Let’s not rot its very sacred meaning. Yes, Marital Rape-
A ‘RUST’ of marriage. Issue is though in air but still we are
blindfolded by the rubbish custom stereotypes.
 More literacy and knowledge in rural areas about their rights and
realization towards this very crime.
 Remove such typical stereotypes like a “good wife who will be
with her husband in wrong deeds also”.
 ......A man can force himself on his wife ,
......women are mere commodity in a marriage .
...... A man can commit the greatest act of brutality on
his wife.
 Whether women looses her right to consent after
marriage and gives it to her husband?
 Whether the husband appropriate the decision making
of the wife’s body?
 Whether women has different right before marriage
and different right after marriage over herself?
 THANK YOU

Presented By-
Gaurav Tripathi