INDIAN vs. INTERNATIONAL PERSPECTIVE : THE CRIME OF MARITAL RAPE

Abstract

Women, an equally important part of the society and who ought to be respected, are mostly neglected and face discrimination, whether inside the family or outside it. The Constitution of India, though, grants equal rights and freedoms to man and woman without making any distinction on the basis of gender, it is not complied in its full. It nowhere says that women have lesser rights as compared to their male counterparts. Women form an equal part in society. India got independence from British rule in 1947 and since then 76 years have elapsed; unfortunately, the old notions of male supremacy, men being the head of the family and women being subservient to men still prevails. The most evident reason for downgrading women is that men think themselves as supreme, and that is one of the major reasons for him committing crime on women. Amongst the category of crimes, Rape is one of the most henious crimes committed on women and the area which the researcher will be examining is exception (2) to section 375 of IPC. The exception does not bring within its ambit the sexual acts committed by husband on his wife, thereby excluding rape in marriage and not recognising it as an offence. In the present article, the researcher would examine the criminal statutes of different countries and give a broad international perspective on the crime of marital rape and thereby suggest changes required in criminal statutes of the country.