From Legal journals- ( any body can ask any lawyer for the verification of facts )-
Advancing well into the timeline, marital rape is not an offence in India. Despite amendments, law commissions and new legislations, one of the most humiliating and debilitating acts is not an offence in India. A look at the options a woman has to protect herself in a marriage, tells us that the legislations have been either non-existent or obscure and everything has just depended on the interpretation by Courts.
Section 375, the provision of rape in the Indian Penal Code (IPC), has echoing very archaic sentiments, 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." Section 376 of IPC provides punishment for rape. According to the section, the rapist should be punished with imprisonment of either description for a term which shall not be less than 7 years but which may extend to life or for a term extending up to 10 years and shall also be liable to fine unless the woman raped is his own wife, and is not under 12 years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to 2 years with fine or with both.
This section in dealing with sexual assault, in a very narrow purview lays down that, an offence of rape within marital bonds stands only if the wife be less than 12 years of age, if she be between 12 to 16 years, an offence is committed, however, less serious, attracting milder punishment. Once, the age crosses 16, there is no legal protection accorded to the wife, in direct contravention of human rights regulations.
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Can also read this very interesting article- http://blogs.wsj.com/indiarealtime/2013/03/26/why-india-allows-men-to-rape-their-wives/
Rape is gross punishable legal offense , however marital rape is still not under the criminal offenses , or legally punishable. In fact , Indian law gives validity of husband-wife seeking sex from each other by the legal definition of marriage.
I know it's just sick ! 🤢 But as long as our law doesn't change , better not use a word as heavy as rape, because it'd be incorrect use here.
Also nowadays rape is a burning issue n highly discussed n disputed every where , so a very very sensitive issue as well. We shouldn't decrease the importance of the word by using it casually or lightly or in a legally incorrect way.
That's why my humble request. Hope you guys will understand me. 😳
I'm sorry if I hurt any one. Was just trying to share information. 😕