Marital Rape Status in India Section 375 (Exception of IPC): Why Government Should Remove it Immediately?

  • Shivani Singh
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  • Shivani Singh

    Student at Banasthali Vidyapeeth Rajasthan, India

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Abstract

This paper deals with Marital Rape Status in India, Section 375 (Exception of IPC) Why Government Should Remove it immediately? In this paper, I have briefed the emergence of Rape and punishment defined; in 1900 BCE in Babylon, a man could be sentenced to death for forcing sex upon someone's wife or daughter on the ground of Vandalising someone else property. Also, I have dealt with marital Rape in India, which is not defined in the Indian penal code. Hence, it has not been criminalized and is largely not viewed as Rape by Indians due to the sacred nature of marriage in Indian culture. Thus we cannot find any good law in the Indian Penal Code and our Indian Constitution; hence we can say that marital Rape has immunity in our rules. Domestic violence and Marital Rape, Rape are a part of domestic violence, and it is because of our Patriarchal mindset, society, or structure. The Indian Domestic Violence Act regards marital Rape as a form of domestic violence and provides for a lesser jail term than non-marital Rape. Need for cognizance of marital Rape and a debate for non-criminalization, and here I have discussed the justice Verma committee and very recent judgments of different courts.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 636 - 644

DOI: https://doij.org/10.10000/IJLMH.111954

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