Marital Rape : Consent Within Marriage (By- Saarthak Mongia, Palak Chhabra & Raneeta Pal)
1)
Violative
of Article 14: Maritial rape violates the right to equity revered in Article 14
of the Indian constitution. The Exception makes two classes in light of their
maritial status and protect activities executed by men against their spouses.
In doing as such, the Exception makes conceivable the exploitation of married
woman for not a glaringly obvious explanation other than their maritial status
while shielding unmarried ladies from those equivalent demonstrations.
2)
Defeats
the Spirit of Section 375 of IPC: The reason for Section 375 of IPC is to
safeguard woman and punish the individuals who engage in the cruel and gruesome
act of Rape. Notwithstanding, absolving husband from criminal liability is
completely inconsistent to that goal, as the results of rape are a similar
whether a lady is married or unmarried. Besides, married woman may really find
it more hard to get away from oppressive circumstances at home since they are
lawfully and monetarily attached to their spouses.
Way
by which marital rape can be dealt
Multi-stakeholder
Approach: The criminalization of marital rape would certainly be the best and
symbolic. Way by the parliament or by any judicial precedent .Sentencing can be
decided by an expert committee consisting of medical personnel, family
counsellors, judges and police based on various aspects such as sexual history
of the couple, physical and psychological harm to the victim. As well as giving
both the parties equal chance to prove their side under the Indian evidence act
as Section like 114A could easily be in favour of victim while removing s. 114A
will take the matter in favour of Accused.
Bringing
about behavioural change: through awareness campaigns that sensitize the public
(citizens, police, judges, medical personnel) on the importance of consent,
timely medical care and rehabilitation, skill development and employment to
facilitate economic independence of victims. Should be improved.