India is one of the world’s most robust democracies. But its shine is sadly diminishing over some time due to the misaligned criminal justice system. India is desperately in need of rethinking and reformulating its justice systems to ensure that modern-day issues are resolved in the right way. This is concerning many Indians who are in high demand for justice, particularly the increased number of women facing sexual violence. This is even though extensive feminist movements have been launched against violence against women (Kaur, & Garg, 2008In addition, the Criminal Justice System has trouble in tackling forced sexual conduct between married or cohabiting individuals , especially in those places where marital rape and marital sexual abuse are not deemed illegal. Enhanced call for legislative measures, regulatory changes, criminal procedures alignment, and both police and judiciary sensitization to is required to help address these issues. This calls for certain loopholes that need the implementation of new tactics as mechanisms that can be integrated appropriately into the regulatory framework.
Research Aim
India has yet to recognize changes in the criminal justice structures in today’s era of transition within different communities around the world. This explains why India faces a severe lack of transparency, delays in the disposal of lawsuits, poor implementation of the Law, a shortage of trained police, and overstretched judicial systems (Ganguly, 2012). These are only a few examples of specific problems within India’s criminal justice system. Some of the objectives of this study are to explain the following better;
- why are rape laws not offering any solution to the increasing number of rapes in India?
- Why is marital rape law still not criminalized in a growing economy like India?
- What is the scope of ‘consent’ in marital rape laws?
Methodology
To realize my research objectives, I considered the use survey via questionnaires that targeted women who stayed within our locality. The survey attempted to pinpoint domestic abuse in a context to determine its relevance and implications. It evaluated a variety of domestic violence against women, including marital rape and other forms of sexual assaults, harassing the different types of assaults. Among the questions listed in the questionnaire include;
- Have you ever experienced marital rape within the last twelve months? How often?
- If yes, did you report to the police?
- What action did the authority take after reporting? (if applicable)
- Briefly explain what you consider marital rape?
- What is your take on reporting a marital rape?
The respondents were required to answer the above questions to assist in the research process for this study.
Excepted outcomes.
India isn’t alone when it comes to the occurrence of high rates of rape cases. Although many believe inequality could probably make things worse, and a skewed sex ratio. There’s also public apathy: women’s fundamental rights and health has never become topics of choice. Rape can also be culturally entrenched and justified. The fortunate thing is that rape reports are getting significantly better. The unfortunate thing is that a woeful criminal justice system proves susceptible to political interference and helps most of the perpetrators to go unpunished. Just quarter Indian rape cases result in a conviction. Moreover, both male and female Indians-continue to accept that sexual harassment is a significant issue eating away at the vitalities of India.
People get married for various reasons, including legal, cultural, libidinal, psychological, financial, spiritual, and religious purposes. In India, the role of a wife has been predominantly recognised to be submissive, docile, and that of a housewife (Sharma, 2015). Marital relationship is deemed inviolable, where the husband is the embodiment of God. In a marriage, sex is regarded as mandatory. Taking into account marriage as a bond of confidence and love, a married couple exercises sexual dominance by any possible means. Notwithstanding amendments, law committee findings, and existing laws, marital rape is not an offense in Indian society. It is asserted that declaring marital rape as an offense will introduce the ultimate destruction of the marriage institution. This claim implies that the institution of marriage is not built on mutual agreement and equal rights. In this presumption, a person’s constitutional right to his or her body, male or female, is overlooked. In action, this leads to the wife’s body being perceived as her husband’s property, irrespective of their acceptance.
Marital rape constitutes a breach of a woman’s human rights. Lack of criminalization of marital rape, thus, violates a woman’s fundamental rights. Since this offense of spousal rape exists in the domestic domain of a family, it is the State’s duty to infiltrate the private sphere (Rao Kallakuru & Soni, 2018). If the State fails to do so, then when violated by her husband, a woman is rendered without intervention.
Additionally, the Indian Police act that is currently used from the time of colonial rule is already outdated. Interestingly, instead of continuous demand of the National Police Commission, the Indian State does not care in making changes to this disgraceful colonial Law. Within the Indian society, the police force has turned against their work and instead have caused havoc among the very same individuals they are supposed to take care of (Madan & Nalla, 2015). The police should protect the public but if they themselves turn to be criminals, then protecting human right becomes a nightmare.
Marital rape exception is entirely unconstitutional and its criminalisation is indeed necessary. According to Law, (2009), marital rape is never regarded as crime in Indian society. Raising awareness to perceive women as equal partners in life, in social growth and in promoting peace is just as crucial as taking legal action to protect women’s human rights. Men have the cultural, ethical, political, religious and social duty to fight all types of discrimination against women. In a world full of misunderstandings of violence, deeply rooted cultural and religious prejudices, and changing societal standards, globalization needs to change the rule of Law rapidly.