A Criminal Offence

While marital rape attracts constitutional provisions, its non-criminalization promotes inequality between a couple and harms the wife's right to live with dignity. However, proving the act is difficult due to lack of evidence

- Sreeparna Das

THE catholicity of marriage in various societies and cultures is ascribed to essential social and personal functions such as sexual gratification and regulation in marital life. Division of labour between sexes, economic production and consumption and quenching personal needs for affection, social status and companionship are also some major factors behind the institution of marriage.

However, marital rape creates cracks within this institution. In India, the definition of rape laws has witnessed many transformations through several amendments. The amendment that took place in 2013 widened the definition of rape under Section 375 of the Indian Penal Code (IPC). Before this amendment, the definition of rape in the IPC was as follows: A man is said to commit ‘rape' who, except in the cases hereinafter excepted, has sexual intercourse with a woman under six provided circumstances.

After the heinous Nirbhaya gang rape case of December 16, 2012, India witnessed an extensive public agitation that led to the formation of a three-member committee headed by former Chief Justice of India JS Verma for suggesting reforms in criminal laws. The JS Verma Committee recommended some amendments in Section 375, which were incorporated in the IPC by the Criminal Law Amendment Act, 2013.

Now the definition of rape is more inclusive and wider. The Amendment Act adds acts like penetration of the penis into the vagina, urethra, anus or mouth, or any object or any part of the body of a woman or making another person do so; to apply mouth or touching private parts constitutes the offence of sexual assault. The 2013 Criminal Law Amendment Act also attached two new explanations which clarify that penetration implies penetration to any extent and lack of physical resistance is not material to constitute the offence of rape.