Marital rape - is when a woman is forced by her husband to have sex after marriage, when it is against her will and her consent is not granted.
Feminist Perspectives - they defines marital rape as a " Patriarchal terrorism " where a woman is dominated to establish a certain degree of social control and states that the marriage license is more of a " licence to rape "
Conflict perspective - Karl marks defined marriage as a Bourgeois institutions whereby wives become instruments of production for a legalized system of private prostitution. In the communist manifesto he contended that in marriage, the continuing sexual exploitation of women is " Hypocritically concealed"
Social constructionism theory - claims that people who hold the power in the society are responsible for moulding the rules on marital rape and they believe that men desire to retain the traditional form of power within their household is the reason that marital rape occurs.
Why does Marital Rape happen
1.Cultural imperialism - cultural imperialism involves the " Universalization of a dominant groups experience and culture and it's establishment as the norm.
2.Exploitation and Systematic violence -
3.Marginalization - marginalization involves not just material loss but also deprival of cultural, practical and institutionalised conditions.
4.Powerlessness - lack the decision making power + powerless lack the authority, status and sense of self.
5.Misrecognition - the failure to recognise or misrecognition can inflict a grievous wound on another culture
6.Legal lag - currently under any law India has no provision for rape in marriage
7.Doctrine of coverture - marital rape largely influenced by and derived from this doctrine of merging the women identify with that of her husband.
8.Sex Role socialization theory - deems marital rape to be quite an extreme form of itself because of the ghastly concept about a woman and her duties as a wife
Arguments against criminalisation of marital rape
1.Destabilize the institution of marriage - become a potential tool for harassing husbands.
2.Other countries mostly western have criminalized marital rape does not necessarily mean india should also follow them blindly.
3.Law commission on Review of rape laws has examined the issues but not recommend the criminalisation of Marital rape
4.impossibility of proving marital rape , it's Criminalisation would only serve as an increased burden to the already overburdened legal system.
5.Destabilize the equilibrium in society -
Some social challenges such as
🔹Deep rooted social and cultural values regarding marriage.
🔹False cases of marital rape - it will be difficult for husbands to prove their innocence.
Marriage is considered as a sacred institution in india - it has been argued that it is not possible to acknowledge marital rape as a crime due to illiteracy, poverty, social customs, values and religious belief such factors actually make the case of marital rape stronger.
Arguments for criminalisation of Marital rape
1.Social crime - it violating the fundamental right and dignity of a married woman, it de-shapes the concept of patriarchy and breaches the trust of a wife.
2.it is a severe form of sexual violence that is punishable in many civilized society as a symbol of " gender justice"
3.decriminalizing marital rape simply means concretizing the patriarchal mindset in society.
4.Justice JS Verma committee set up after the nirbhaya gang rape 2012, made a recommendation for criminalizing marital rape.
5.Distributive justice and gender equality - it will give women a feel of being safe and equal in making the decisions about the sex and related issues
6.Violation of fundamental rights - article 14 and article 21
Bertrand Russell - deplored the situation of married women when says " marriage is for women the commonest mode of livelihood and the total amount of undesired sex endured by women in probably greater in marriage than in prostitution.
