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MARITAL RAPE - A NON CRIMINALIZED CRIME IN INDIA
Section 375 of the Indian Penal code deals with sexual assault including with non-consensual intercourse with a woman. A sexual intercourse against her will, without consent of her by coercion misrepresentation or specially when she is duped, unsound mind or under 18 years of age then it is said to be a criminal offence.
But when the sexual intercourse is done by a man with his own wife under the age of fifteen years it will not be considered as rape .Even a medical procedure will not constitute as rape. The punishment will be imprisonment of not less than seven years it may extend to imprisonment with or without fine. The punishment will be rigorous in case of aggravated situation and will be not be less than 10 years or it may extend to life imprisonment with or without fine.The bill passed by the parliament of India known as criminal amendment Act which is also called as Nirbhaya Act, a room was created for giving strict punishment in case of sexual violence. It is difficult to understand why rape of a women is considered to be less brutal if it is committed by her husband.
Rape is considered as a henious crime and should be constituted with rigorous punishment whether it is rape or martial rape. In Indian society marriage is oftenly confused with the idea that it is consent to sex but this confusion is costing a lot to those married women who didn't consent to it but were forced to. Certain idealogies in the society if are not serving the purpose of making it free of suffering then it should be scraped down. The concept of martial rape giving an impression and empowering husbands to have forced intercouse with their wives needs major reforms and consideration.
