In this topic, we will talk about the serious conditions or issues that married women face inside their homes and also they are not able to speak against it as they do not know much about their rights and what punishment will be granted to the accused who have done such a crime. Rape is not only the thing that will only happen with unmarried girls it can also happen with the women who are married, the physical relation which is forced that is either done with married women or unmarried will be defined as rape.
History-
Earlier in society it was basically considered that after the marriage of the male and female, the man has all the rights over the female whether it is sexual or any other right, she cannot deny to the man anything he wishes to do. Also, the earlier laws have not ruled for the protection of women for such kind of offense so this has also promoted the thing that the man can do anything with his married wife and no laws that stop him from doing that. In the 18th century, one of the jurists Sir Matthew Hale proudly declared that the married woman does not have any legal right to refuse her husband and also that the husband will not be found guilty of the offence of rape if he has done it with her wife . This thinking was deeply rooted in the thoughts of the patriarchal society and it was considered by the men that the women are one of their property and they do not have control over anything not over their body. But later in the 20th century as society was becoming more and more modern it was considered a serious issue which is happening with married women and the parliament had to seriously make some laws regarding protection of the women in the country.
Challenged faced while
Criminalizing Sexual Assault within marriage or Marital Rape-
In order to make this a law and prevent this from happening more and more the parliament wants to impose the law for such acts and the one who will be violating the laws will be punished, in our society under our laws rape is punishable under sec- 375 of IPC and the punishment is not less than 7 years and which may also extend to life imprisonment or death. There were multiple challenges that the law imposer had to face while imposing the laws:
• Societal Pressure- During the imposing of these laws the makers have faced a lot of societal pressure if the woman files a case against her own spouse then she will basically reduce her economic support and the comfort of the children also and there will be a lot of pressure in the mind of the women as what will happen further as she is going against her spouse and she has been taught that she had to continue the marriage at any cost which will put the female in a great problem that what she should do.
• Legal Problem- There were a lot of countries which are not developed yet and there are still earlier patriarchal rules followed, the imposers of the law will face a lot of problems in establishing the law in such an area where women are not even allowed to go outside and work, but the women have to raise their voice in order to get their rights and live properly in their society.
• Cultural Problem- In our culture, it has been said that marriage is a sacred ritual and the people have to follow it as it has been followed for a long period of time. In these norms, it has been said that the wife is expected to fulfill the desires of the male of any type. This cultural practice can also discourage the women to not to reporting the case.
By helping this law apply to overall the world it will basically promote equality for women in the society and it will also protect human rights at a greater scale and it will help to develop a healthier relationship among the spouses.
Conclusion-
Consent in the relationship is an important point that should be understood by both spouses if they want to promote a healthier relationship between them. Every human being should be granted the right to equality and their right should also be protected by laws. As society is becoming more and more modern over a period of time these new laws should be properly implemented within each and every country of the world so that the women all around feel safe and can freely. These harmful societal and cultural norms should be banned all around women which have allowed marital rape to continue in many parts of the world.
Sandra Silva, What is Marital Rape, PsychCentral( Oct.
10, 9:45 P.M.), https://psychcentral.com/lib/marital-rape.
[1] Samrdhi
M, marital rape in India, CLATalogue(Oct. 10, 9:50 P.M.), https://lawctopus.com/clatalogue/clat-pg/marital-rape-in-india/,
https://saslawchambers.com/services#
