Concept Of Marital Rape Not Applicable In India

Concept Of Marital Rape Not Applicable In India

Haribhai Parathibhai Chaudhary, who is the Minister of State for Home, said that the concept of marital rape cannot be applied in the India context. There are various factors like education, poverty, illiteracy and many others that stand as obstruction in changing the law. In fact a large part of the society considers marriage as a sacrament. As per a report, the number of women physically assaulted by their legal partners is forty times the percentage of women attacked by strangers. Still, the government considers marital rape cannot be applied in India. What is your opinion?

Yes, not applicable

- India is a nation with different religions and customs and beliefs, and therefore the concept of forceful physical relation without the wish of partner cannot be termed as rape in India.

- In India or outside India, marriage is considered as a right to get involved physically with the partner. So, how can a right transform into rape? Marriage is in fact a right of entitlement.

- India is very conservative nation, and still people find it awkward to talk openly about physical relation. In such a scenario, it is not possible to convert marital rape into a criminal offense in India.

- Forget about the marital rape cases, the other rape cases are not heard. In such a poor legal system what more can be expected.

- The marital rape concept can be used by women for their own benefit. Therefore, such concepts should not be applicable in India or anywhere.

- There is no need of marital rape law as the Protection of Women from Domestic Violence Act permits women to get civil solutions for domestic violence including sexual abuse.

No, Can be applicable

- The mindset of people in India is witnessing a change. They have started to accept that marital rape happens. It is the first step towards change.

- It is not the duty of a woman to obey every order of her husband. This understanding comes from education. With spread of awareness and education, things can be changed.

- Marriage is an institution in India that covers a lot of ugliness of patriarchal society. Many issues like forced abortions, physical violence, girl child etc. are now being solved in various parts of nation. These problems were also considered as complex in the past.

- Live-in relations once considered as non-acceptable in Indian society are now openly accepted. When such kind of relations can be approved then why cannot marital rape be?

Conclusion

When it comes about marital rape in India, there are several problems associated with the matter. The first major problem is to decide the truth behind the matter. In a legal relationship, it is not possible to define whether the relation was made by consent or by force. Moreover, marriage is a form of barter in India system with exchange of promises and having physical relation is one of them. In a society where still a girl is considered as a liability, applying the concept of marital rape is an impractical idea. However, things can change for better, and it should be remembered social changes never happen overnight!