Discuss whether marital rape should be criminalised in India. (Answer in 150 words)
Introduction
Marital rape is not a criminal offence in India but can be prosecuted if the woman is below 16 years of age as per Section 375 of Indian Penal Code
30 words
Main Body
Marital rape is not a criminal offence in India but can be prosecuted if the woman is below 16 years of age as per Section 375 of Indian Penal Code.
Marital Rape to be criminalized:
1. Women suffer in silence due to it
2. As per NFHS-V Survey, 82% face marital rape by husband and 13% face by ex-partner
3. Marital rape takes away agency from the women once body
4. Leads to demerit effect of low self esteem
Marital rape leads to low self esteem, low confidence, low participation in social life.
Issues with criminalizing:
1. Burden of proof - difficult to prove if consent was there or not
2. False cases may lead to derivable complaints
3. It may dilute sanctity of marriage, as per certain theorists
4. May lead to monetary settlement cut off of court
Justice Verma Commission and other review suggest that it should be criminalized to bring gender parity.
Conclusion
Issues with criminalizing - Burden of proof, False cases may lead to false complaints, It may dilute sanctity of marriage, May lead to monetary settlement, Justice Verma Commission and other review suggest that it should be criminalized to bring gender parity
41 words
- Provides statistical evidence from NFHS-V
- Addresses counterarguments
- References constitutional bodies
- Clear structure with issue identification
- Addresses practical implementation challenges
- Mentions counterarguments and concerns
- References authoritative body
ABHINAV SIWACH
Gender Justice and Legal Reforms
Women's Rights
Marital Rape Criminalization
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Total words
4
Paragraphs
analytical
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