Answer Writing

English Hindi

Question-1:  The act of marital rape is an attack on individual  sexual rights of women. Elaborate on the need for introspection on the exemption given to marital rape.

 

Answer:  Marital rape is defined as an act of sexual intercourse or sexual act by a man with his own wife without her consent for the same. The Indian Penal Code’s Section 375 has given exemption to marital rape when it comes to declaring the offence as a crime.

Issues in marital rape

  • Violate rights of women
    The right to life ( Article 21) encompasses right to sexuality for every individual. Performing sexual acts without consent is a violation of their fundamental right.
  • Misuse against men
    The provision of marital rape has all chances of being misused against men to settle personal scores. This would complicate judicial process while determining if it indeed was a rape.
  • Protecting institution of marriage
    The institution of marriage is central to idea of society. If sexual acts post marriage between legal partners is considered a rape, then the whole institution collapses.

Need for introspection

  • Blanket ban
    A complete criminalisation of marital rape is not feasible as each and every case differs. Case to case investigation will be best served.
  • Consensus in marriage
    Guidelines have to be framed for a consensual sexual act between legal partners. This will ensure that law will not be misused in future.

Thus, marital rape is a sensitive issue that has the capability to overturn the established social order. It is necessary that judiciary take onus on itself to frame better laws for handling such issues.

Tags: GS 2 (Polity and Governance)

By- Raghunandan

Updated on 19 May 2022 |   Added on .15 May 2022  |  by admin