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Should We Speak Up Againt Marital Rape ?

By Alka Narula @narulaalka

There are several types of rape, generally categorised by reference to the situation in which it occurs, the sex or characteristics of the victim, and/or the sex or characteristics of the perpetrator. Different types of rape include date rape,gang rape, marital rape, incestuous rape, child sexual abuse, prison rape, acquaintance rape, war rape and statutory rape among these marital rape is quite common all over the world but rarely reported in Asian and Islamic countries .Despite the pronouncement of marital rape punishable in India , though a criminal offense but we  hardly see women come forward to report a marital rape .This post is inspired by one of my recently married employee  , an educated girl , who is in a similar situation who's parents and in-laws instead of supporting the poor girl insist that  she must give in her spouse's sexual demands to make her marriage work . And it makes me ponder " Should we not or should we speak up against marital rape ? #marital  #rape
Should We Speak Up Againt Marital Rape ?
Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse which is rarely reported in countries like India though it is a form of partner rape, of domestic violence, and of sexual abuse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and increasingly criminalised. Still, in many countries, spousal rape either remains legal, or is illegal but widely tolerated and accepted as a husband's prerogative.
Throughout much of the history, in most cultures, sex in marriage was considered a 'right', that could be taken by force, if 'denied'. As the concept of human rights started to develop in the 20th century, and with the arrival of second wave feminism, such views have become less widely held. The legal and social concept of marital rape, has developed, in most industrialised countries,Historically, most religions were interpreted as tolerating or ignoring forced sexual relations in marriage. Judaism has been considered an exception to this way of thinking; in Israel, in 1980, when the Israeli Supreme Court affirmed that marital rape is a crime, it was mostly religious arguments based on the Talmud that were given by the judges
Since widely spoken Nirbhaya case Indian rape laws were amended. after a committee was constituted under Justice Verna to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The Committee submitted its report on January 23, 2013. According to the report submitted the rape in India is defined as under -
The Committee was of the view that rape and sexual assault are not merely crimes of passion but an expression of power. Rape should be retained as a separate offense and it should not be limited to penetration of the vagina, mouth or anus. Any non-consensual penetration of a sexual nature should be included in the definition of rape.
"The IPC differentiates between rape within marriage and outside marriage. Under the IPC sexual intercourse without consent is prohibited. However, an exception to the offense of rape exists in relation to un-consented sexual intercourse by a husband upon a wife. The Committee recommended that the exception to marital rape should be removed. Marriage should not be considered as an irrevocable consent to sexual acts. Therefore, with regard to an enquiry about whether the complainant consented to the sexual activity, the relationship between the victim and the accused should not be relevant. "
But the question remains when will women come forward barring all the pressures of society and become vocal about marital rape in countries like India ?

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