In the Indian Penal Code marital rape is not defined. Also, it is perceive as the rape by the Indians due to the character of marriage in the Indian culture. It will be an prerequisite issue and it make an impression most of the legal factors. The concept of marital rape cannot be applied in the Indian context because of different reasons such as the level of education, poverty, religious beliefs, illiteracy, myriad social customs and values, a mindset of the society to treat the marriage as a ordination. Studies show that the incidents of rape in India are amplify at a rapid rate and the reports of rape outstay to be decreased. Criminal lawyer in Patiala…
Rape is eternally considering as an infringement of a person’s basic idea of life and for the personal freedom. The sex with the spouse is not deported as husband’s privilege given by marriage. The social dishonour respective with marital rape is treated to be the women’s voice contrary her husband, who uses his superior position over breaking the trust of the wife. It is a fact that marital rape has so many longstanding consequences over the physical and mental capabilities. By decriminalizing the spouse rape our state is vanity to its arrearages that guarantees sex equity. It includes different securities from wrongdoing and manhandles.
The marital rape also comes under Section 376 of IPC and it is stated below.
Section 376(2) in The Indian Penal Code
(a) Being a police officer intention rape—
(i) Within the limits of the police station to which he is appointed; or
(ii) In the house of any station house whether or not situated in the police station to which he is nominative; or
(iii) On a woman in his apprehension or in the custody of a police officer possessed to him; or
(b) being a public employee takes advantage of his official position and commits rape on a woman in his custody as such public manservant or in the custody of a public servant possessed to him; or
(c) being on the disposition or on the staff of a jail, remand home or other place of custody founded by or under any law for the time being in force or of a woman’s or children’s institution takes benefit of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
(d) being on the management or on the staff of a hospital takes benefit of his official continuance and commits rape on a woman in that hospital; or
(e) Commits rape on a woman intelligence her to be pregnant; or
(f) Commits rape on a woman when she is under twelve years of age; or
(g) commits gang rape, shall be punished with rigorous confinement for a term which shall not be less than ten years but which may be for life and shall also be responsive to fine: Provided that the Court may, for sufficient and special reasons to be mentioned in the judgment, interpolate a sentence of imprisonment of either description for a term of fewer than ten years.
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