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Journal Article

Citation

Shankar A. Abhidhvaj Law J. 2022; 1(1): 174-178.

Copyright

(Copyright © 2022, Vaibhav Sangam Mishra)

DOI

unavailable

PMID

unavailable

Abstract

Rape, which can be spelled in just four words has a drastic effect on society. Rape is one of the heinous crimes, which is seen in today's world. Whenever sexual intercourse is done without the consent of the victim, which is too involves force or threat, then it is said that rape is done. Rape is forced sex. Rape is all about sexual touching and making unwanted sexual touch. Rape is all about the penetration of the penis into the vagina of a woman without her consent. In the current situation, there is a rise in rape due to the mentality and thinking of the people. If we see Indian history then women were treated as property, no matter how you use it or by which way you use it.

Marital rape can be defined as the act which results in sexual intercourse with the spouse without consent. Marital rape does not involve physical violence. In simple words, we can say that having unwanted sex with a partner amounts to marital rape. Spousal rape is a form of trauma that can lead to physical and mental health conditions and sometimes it becomes worse than we think. It can lead to depression, stress, anxiety, panic attacks, etc. As we see the history marital rape was not considered an offence in India as society thinks that, it's the right of one partner to make sexual intercourse with another partner. "It is considered that the concept of marital rape can be understood internationally, not in India because of factors such as education level in society, poverty, societal customs and values, religious beliefs, the mindset of society to treat the marriage as a sacrament etc1 ". According to a survey in 2016, at least 100 countries considered marital rape as an offence that should be punished under law but it was a huge disappointment as India was not one of those countries.

Nearly one out of three women suffer from marital rape, according to the survey their age is between 18 to 49 years. The use of physical force during sex without her consent not only amounts to marital rape but also violates her dignity and rights. According to UNITED NATIONS POPULATION FUND, in India, over 75 % of women are subjected to marital rape.


Language: en

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