Abstract:

The law develops and extends its dimension in various ways for the protection of right, but unlike the western countries, the issues of marital rape does not attract the attention of the law-makers for a long time, even though there are a number of debates on the topic in general. There are 36 countries in the world where marital rape is not a crime, like China, Pakistan etc. India’s penal laws originated from the British laws due to colonization. However, in R v R case, pertaining to United Kingdom, the judge observed that for a husband to rape his wife is a crime. However, the husband’s argument was that marriage gave him irrevocable consent; even though the court did not accept this argument and punished him. It was the observation of the court that for punishing a person the relationship of the concerned is not important. As far as India is concerned the rules are not so clear. Even in the case of Arnesh M Kumar v State of Bihar, the Supreme Court has observed that considering marital rape as a crime would be an utter failure of the systems of society and family set up. Not only this case, but multiple cases have also been filed to criminalize the marital rape, but till today the law allows the married women for rape if she is over the age of 18 years. It is a high time to treat women with dignity by protecting their body. It is the observation of AmitaPitre, at Oxfam India, "In India rape is not seen as an injury to a woman’s personhood but as "damage to her family’s honoring the modern social world, it is the need of the hour to amend the law relating to marital rape as rape is always a rape regardless of the marital status or age of the women.

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