"Unveiling Indian Law's Controversial Shield for Rapist Husbands: A Deep Dive into Gender Inequality"
1.Why does Indian law protect Men who rape their wives?
*In India,section 375 of Indian Penal Code deals with rape crime,where seven circumstances are listed under the category of rape,It also says that,"Sexual intercourse by a man with his own wife,the wife not being under fifteen years of age,is not Rape".
*This Law is later changed in 2017,where Supreme Court revised the age to 18,but after batch of petitions,Marital rape of any category is categorised as Criminal offence,but after argument,there is conclusion that misuse of Law, willl breakdown the traditional institution of marriage.
*So,Based on experiences of Women who go through Violence, argument is done to take steps towards ensuring their safety and empowerment,there are lack of awareness is exacerbated by the misogynist beliefs of Men in relationship and Marriages."Often,Male gender have no concept of satisfying their partners,their focus is just on themselves."A very common belief is:the woman is my property.They say things like,"If you can't abide by my fantasies,then why were you brought here?".
*Social morals also condition Woman to submit to their husbands."Women think: won't people judge me and think I'm not a good wife?"Shaikh said,"Many women carry these justifications in their head and put the blame on themselves."
*Family members also put pressure on wife,"You'll have the Mother-in-law saying,"It's your work to keep him happy,if you don't satisfy him, won't he force you?".
*According to Supreme Court,"Changes in Law won't make much difference until awareness and education occur".
*So,Indian law protect men who rape their wives because there may be misuse of Law and there will be breakdown of Traditional institutions of Marriage.
2.Is Marital Rape legal in India?
*Marital rape is not legal in India but According to Section 375 of the Indian Penal Code states that "Sexual intercourse by a Man with his Wife,and if the wife not being under Fifteen years of age, is not Rape".
*In October 2017,The Supreme Court of India increased the age to 18 years.
3.Write Marital Rape statistics in India?
*According to Family Health Survey, Nearly 1 in 3 women have suffered spousal Sexual or Physical violence.
*National Family Health Survey(2019-21)was conducted in around 6.37 lakh sample households in 707 district in 28 states and Eight Union Territories,covering 7,24,115 women and 1,01,839 men to provide dis-aggregated estimates upto district level.According to this Survey,32% of married woman suffered Physical,Sexual and Emotional Violence,and Nearly 27%of Women suffered Sexual Violence every year,29% of Women suffered from Physical Violence and 14%of Emotional Violence.
*The acts of Physical Violence,the most common type is slapping, reported by 25%ever Married women,12% of Women reported being pushed,Shaken or Something have thrown on them.
*Around 5% of sexual intercourse is forced by Husband,4% of Husband forced them to do Sexual Acts they didn't want to,3% report to perform any sexual acts they didn't want to.
*34% Women in Rural areas and 27%of Women in Urban areas have suffer one or more forms of spousal violence.
*Although all forms of spousal violence decline sharply with schooling and Wealth,1 out of 5 women (20%) and 12 or more years of schooling and 19% of women who are in the highest wealth quintile report having suffered Physical,Sexual or Emotional Spousal Violence.
*Survey also shows Intergenerational effects of Spousal Violence are also evident in India,Women who says their Father beat their Mother are more likely (57%) to have themselves experienced Spousal Violence than Women who reports that their Fathers did not beat their Mother(25%).
*According to Survey Reports, Husbands who have completed 12 or more years of Schooling are half as likely(21%) to commit Physical,Sexual or Emotional Spousal Violence as husbands with no schooling(43%). Notably,the variation in spousal violence by women's own education is similar to the variation by education of husband.
*Women with husbands having same level of Education,are less likely (26%) to experience spousal violence than women in couples neither attended school(44%) or one or the other has more schooling.
*76% of woman whose husband displayed 5-6 specified marital control behaviour,18% of woman whose husband doesn't display any specified behaviours.
*Consumption of Alcohol,varies greatly spousal physical or Sexual Violence,70% of women have experienced Spousal physical or Sexual Violence,compared to 23% of Women whose husband doesn't drink.
*Another important finding that among currently married women age,18-49% who have been married only once,11% of reported their first every experience of Spousal Violence within the first 2 years of Marriage,and 21% experience such violence within 5 years.
4.What is Supreme Court Judgement on Marital Rape?
*Supreme Court Judgement on Marital Rape,will decide if the exception to the crime of Rape,If It is committed by a Man against his,is unconstitutional.This exception can be found under Section 376 of the Indian Penal Code,1860(IPC) and is popularly known as the "Marital Rape Exception".
5.What is Marital Rape Punishment?
*"Marital Rape Punishment is a Man's Sexual Relations with his wife,his wife who is no less than 15 years old,are not Rape,"says section 375 of the Indian Penal Code(IPC).Unless the raped women is the spouse and is not less than 12 years old,the rapiest should be punished with 10 years imprisonment.
*If Man rape aged 12 and 15,he is punishable to 2 years in Prison or Fine.
*There is no Law for rape of 15 years old or above Wife,as it is not illegal in India.