marital rape is legal!!

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A women used to work in my aunt's house. Her husband showed his cruelty everytime she refused to have sex. One day they fought for the same reason and he raped his own wife and rolled her in a mattress and brunt it. No action was taken because according to our law marital rape is legal and in our society marriage is considered as sacred, so violence on a married woman is acceptable.

Marital rape in India has become a common issue, affected by many legal and cultural factors. Legally it is not criminalized, and culturally, it is accepted as a norm of marriage. As of 2013, an estimated 27,515,391 women experienced sexual violence in India. It is believed that women in India are 40% more likely to experience rape from their husband than by a stranger.

Section 375, the provision of rape in the Indian Penal Code, has mentioned as its exception clause- “sexual intercourse by man with his own wife, the wife not being under 15 years of age, is not rape.” How can the same law provide for the legal age of consent for marriage to be 18 while protecting from sexual abuse, only upto the age 16? Beyond the age of 16, there is no remedy the woman has.

A marriage is a bond of trust and that of affection. A husband exercising sexual superiority, by getting it on demand and through any means possible, is not part of institution. Surprisingly, this is not, as yet, in any law book in India.

The best way that the law protects women subjected to marital rape is by charging the husband with offence of cruelty, the punishment of which goes up to three years of jail or a fine. In worse cases, she can seek restraining order and protection under domestic violence legislation.

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