Criminalizing MARITAL RAPE - by Shruti Malviya.pptx

Criminalization of Marital rape in india.

1. MARITA L RAPE A CRITICAL ANALYSIS OF INDIAN JURISPRUDENCE 01

2. 02 INTRODUCTION " IF NO PERMANENT INJURY HAS BEEN INFLICTED, NOR MALICE, CRUELTY, OR ANY DANGEROUS VIOLENCE IS SHOWN BY HUSBAND, IT IS BETTER TO DRAW THE CURTAIN, SHUT OUT THE PUBLIC GAZE, AND LEAVE THE PARTIES TO FORGET AND FORGIVE.'' Sexual Violence in marriages has a history as long as the institution of the marriage itself . Sadly, sexual violence against women and girls still remains deeply entrenched and politicized around the globe. Perhaps no other allegation of crime exposes a woman’s credibility to such intense hostility and imposes the penalties of shame and stigma to a more severe degree then alleging RAPE.

3. 03 WHAT IS THE ONE WORD THAT COMES TO OUR MIND WHEN WE THINK ABOUT THE CURRENT STATUTS OF MARITAL RAPE LAWS IN INDIA AND THE SOCIETAL ATTITUDES TOWARDS MARITAL RAPE IN INDIA ?

4. 04 Marital rape refers to non-consensual sexual intercourse or other sexual acts between spouses t hat occur without the consent of one of the spouses. it violates the autonomy, dignity, and bodily integrity of the survivor. Women albeit not primarily , are victims of marital rape. WHAT IS MARITAL RAPE?

5. 05 GLOBAL PERSPECTIVE HISTORICAL CONCEPT IMPORTANCE OF ADDRESSING MARITAL RAPE Addressing marital rape is critical for upholding human rights, gender equality, and the well-being of the individuals within the marriage. It is essential yto challenge harmful norms and ensure justice for survivors. Historically marital rape was not recognized as a crime in many societies due to the cocept of marital immunity, where marriage was seen as providing irrevocable consent to sexual relations. Globally, there is a growing recognition of the prevalance and harm caused by marital rape. many countries have reformed thier laws to criminalize marital rape and provides protection to suvivors.

6. 06 `` MARITAL RAPE IN INDIA LAWS AND PROVISIONS In India , marital rape was not criminalized under the law. Section 375 of The Indian Penal Code exempts sexual intercourse by a man with his wife above the age of 15 years from the definition of Rape. ~ SECTION 375~ (Exception 2) "'Sexual intercourse by a man with his own wife not being under 15 years of age is not rape.‘’ IMPORTANT JUDGEMENTS INDEPENDENT THOUGHT V. UNION OF INDIA (2017) NIMESHBHAI BHARATBHQI DESAI V. STATE OF GUJRAT (2018) KHUSHBOO SAIFEE V. THE UNION OF INDIA (2017)

7. 06 `` MARITAL RAPE IN INDIA But it is also worth noting that the recently passed new law replacing the IPC , BHARTIYA NYAYA SANHITA, 2023 ,maintains the status quo. ~ Section 63~( Exception 2) “Sexual intercourse or sexual acts by a man with his own wife , the wife not being under eighteen years of age, is not rape.” This new law has received the president’s assent and will likely come into force with this provision. The law, according to the government was meant to overhaul the archaic and colonial nature of the code.

8. 07 JUDICIAL INTERPRETATIONS CHALLENGES AND LOOPHOLES Indian courts have been inconsistent in its approach to marital rape cases. While some judgements have recognized the severity of marital rape, others have upheld the marital immunity doctrine, further perpetuating the vulnerability of survivors. CASE LAWS- 1. FARHAN V. STATE (2022) 2.KAVITA V. HARYANA STATE [2020] 3.UNION OF INDIA V. MEGHA [2021] The lack of specific legislation criminalizing marital rape in India poses a significant challenge to addressing this form of violence. This loophole perpetuates impunity for perpetrators and devises justice to the survivors. ROLE OF LAW ENFORCEMENT AGENCIES Law enforcement agencies play a crucial role in investigating and prosecuting cases of marital rape. However the lack of awareness, sensitivity, and training among police officials often leads to under-reporting and ishandling the cases.

9. 06 `` GROUNDS FOR ABOLITION GENDER BIAS VIOLATION OF EQUALITY VIOLATION OF HUMAN RIGHTS CONTRADICTION TO INTERNATIONAL STANDARDS

10. 08 CULTURAL FACTORS GENDER DYNAMICS MYTHS AND MISCONCEPTIONS IMPACT ON SURVIVORS Power imbalances and gender inequalities with marriages contributes to the prevalence of marital rape. Patriarchal structures reinforce the subordination of women, making them vulnerable to sexual violence within intimate relationship. Common myths surrounding marital rape, such as the belief that marriage implies continuous consent to sexual relations , perpetuate victim- blaming and hinder survivors from speaking out against the abuse they face. Marital rape can have severe physical, emotional, and psychological consequences on survivors. The t-being and mental health a and stigma associated with marital rape can lead to long lasting effects on survivors well -being. SOCIETAL ATTITUDES AND STIGMA Cultural norms and beliefs often perpetuate the acceptance of marital rape as a private matter within the confines of marriage. The emphasis on preserving family honor and harmony can prevent survivors.

11. 08 AWARENESS CAMPAIGNS SUPPORT SERVICES POLICY RECOMMENDATIONS INTERNATIONAL BEST PRACTICES Raising awareness about marital rape through educational campaigns and community outreach is essential to challenge misconceptions, break the silence surrounding the issue, and encourage survivors to seek support. Advocating for policy reforms to criminalize marital rape, remove marital immunity clauses, and enhance support mechanisms for survivors is essentials. POLICY changes are crucial in addressing the systematic barriers that perpetuate marital rape. Drawing insights from international best practices in addressing marital rape can inform policy decisions and interventions in India. Learning from successful models of legislations, enforcement, and support services can guide efforts to combat marital rape effectively. ADVOCACY AND WAY FORWARD Proving comprehensive support services, including counselling, legal aid, and shelters, is crucial for survivors of marital rape. Access to safe spaces and resources can empower survivors to seek help and rebuild their lives.

12. 10 CONCLUSION The NHFS-4 reports that 31% of married women have been subjugated to physical, sexual and emotional violence at the hands of their spouse in 2015-16. Marital rape should be criminalized in India, and this can be achieved by applying an individualistic approach to violence against women. Married women have the same right to refuse to participate in sexual activity with their partner as an unmarried women. In this situation it is disappointing, to say at least, that the government, or the court, has not taken the necessary steps to finally discard this outdated provision.