MARITAL RAPE IN INDIA India is moving towards 21 st century and yet it is taking a regressive step backwards in time. Around 80 Nations including Nepal have such a legislation in place and need to be scrutinized. India wants women empowerment, women liberation, equality of sexes, but marital rape law appears to be a taboo. Rape has no exclusive connotation under marriage. Tradition, poverty, customs, values religious beliefs. Illiteracy and difficulty in implementation are no excuses not to legislate as social structures remain stacked adversely against women denying them equality, fair play and justice. Female foeticide is an indication of respect and dignity of girl child .Traditions not withstanding India has already legislated on dowry evils, sati, Devidasis, the curse of rapes among others. Considering marriage to be sacred is no argument to criminalise and subjugate the right of women .Conjugal rights against the will of the person is abhorrent attitude. Divorce is available to uphold conjugal rights, remembering that conjugal rights flow from trust and love between the spouses and it is not a mere mechanical right, under threat and physical abuse The term bobiting must be recollected to show women forceful right under extreme circumstances .That majority of men are sanctimonious and will be subjected to harassment is a lame excuse to perpetuate brutality by men ,on whom ,many a times the less educated women depend for their sustenance and expect women to be totally submissive. That it will lead to breaking up relations, trust and the institute of marriage is a fallacy. It is true that marriage is a legal freedom for rapes in marriage. Conjugal rights also must be viewed in the context of willingness of the other partner and right to say no. In an over anxiety to preserve the sanctity of the institutions the right of women must be considered seriously to express her desire and willingness and not be taken for granted Gender stereotypes are under attack with open discussions on live in marriages, same sex marriages and transgender rights Women cannot be discriminated against human rights in India as a special case The crime, brutality, physical abuse, torture in marital rapes is a huge social issue wrapped under safe social confines of the institution of marraige designated as a sacrament
Nelson Lopes Chinchinim
