June 2023
June 23, 2024

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বৈবাহিক ধর্ষণ – সমাজের একচেটিয়া নীতি

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Marital Rape detected!

Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person’s consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault.
The term marital rape (also referred to as spousal rape) refers to unwanted intercourse by a man on his wife obtained by force, threat of force or physical violence or when she is unable to give consent. The words unwanted intercourse refers to all sorts of penetration (whether anal, vaginal or oral) perpetrated against her will or without her consent.
In India, marital rape exists de facto but not de jure i.e., the definition of rape under section 375 of Indian Penal Code does not include marital rape as a criminal offence. Exception 2 of section 375 states that Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. This is based on the notion that once married, a woman does not have the right to refuse sex with her husband. This gives husbands the right to have sexual access over their wives in direct contravention of the principles of human rights and provide husbands with a licence to rape their wives.

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