mg Marriage' A cry of agony' part 11 on 143- 2 july - Page 41

Marital rape (also known as spousal rape and rape in marriage) is non-consensual sex (ie., rape) in which the perpetrator is the victim's spouse. It is a form of partner rape, of domestic violence and of sexual abuse.

Once widely condoned or ignored by law and society, marital rape is now not tolerated by many societies around the world, repudiated by international conventions and increasingly criminalized. Still, in many countries, marital rape either remains outside the law, or is illegal but widely tolerated, with the laws against it being rarely enforced.

The phenomenon of marital rape has been attributed to the traditional view of marriage, and of male and female sexuality, which postulates that women have no or minimal interest in sex compared with men, that a husband has a right to demand sex with his wife and that a wife must be sexually submissive to her husband in all respects, a view which continues to be common in many parts of the world. These views of marriage and sexuality started to be challenged in most Western countries from the 1960s and 70s especially by second-wave feminism, leading to an acknowledgement of the woman's right to self-determination (ie, control) of all matters relating to her body, and the criminalization of marital rape. Several countries in Eastern Europe and Scandinavia criminalized marital rape before 1970, but other Western countries acted later, mostly in the 1980s and 1990s. Most developing countries acted in the 1990s and 2000s. In many countries it remains unclear whether marital rape is covered by ordinary rape laws, but in some it may be covered by common assault laws.

Marital Rape in India

Marital rape is not a criminal offense within Indian legal framework,^[80] except during the period of judicial separation of the partners. In the 1980s, women's rights groups lobbied for Marital rape to be declared unlawful, as until 1983, the criminal law (amendment) act stated that "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age is not rape".^[14][56] The government officials argued that the contract of marriage presumes consent to sex and that criminalising marital rape in turn would weaken family values in India.^[80]

The Section 375 of the Indian Penal Code (IPC) considers the forced sex in marriages as a crime only when the wife is below 15. Thus, marital rape is not a criminal offense under IPC.^[81] The marital rape victims have to take recourse to the Protection of Women from Domestic Violence Act 2005 (PWDVA).^[82] The PWDVA, which came into force in 2006, outlaws marital rape.^[83] However, it offers only a civil remedy for the offence.^[84]

The Protection of Women from Domestic Violence Act 2005 (PWDVA) which came into force in 2006, provides protection against marital rape or other forms of sexual perversions and domestic violence.^[85] However, it offers only a civil remedy for the offence.^[86]

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