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Marital Rape in India Video Lecture | Crash Course for CLAT

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FAQs on Marital Rape in India Video Lecture - Crash Course for CLAT

1. Should marital rape be criminalized in India?
Ans. Yes, marital rape should be criminalized in India. Marital rape refers to sexual intercourse without the consent of one's spouse, which is a violation of their bodily autonomy and human rights. Criminalizing marital rape would send a strong message that consent is essential within a marriage and that no one should be subjected to sexual violence, even by their spouse.
2. What are the statistics on marital rape in India?
Ans. Obtaining accurate statistics on marital rape in India is challenging due to underreporting and social stigma. However, various studies and surveys indicate that a significant number of married women in India experience sexual violence within their marriages. The National Family Health Survey (NFHS) conducted in 2015-16 reported that 31% of married women have experienced physical, sexual, or emotional violence from their spouses.
3. What are the arguments against criminalizing marital rape in India?
Ans. Some arguments against criminalizing marital rape in India include cultural and social factors. Opponents argue that criminalizing marital rape would interfere with the institution of marriage and undermine family values. They may also claim that it would lead to false accusations and misuse of the law. However, it is crucial to prioritize the protection of individuals' rights and well-being over cultural norms or potential misuse.
4. How does the current legal framework in India address marital rape?
Ans. The current legal framework in India does not explicitly criminalize marital rape. Under Section 375 of the Indian Penal Code (IPC), an exception is made for sexual intercourse by a man with his wife if she is above the age of 15. However, this exception violates the principles of consent and equality. The law needs to evolve to recognize marital rape as a crime and provide protection to victims.
5. What steps can be taken to address marital rape in India?
Ans. To address marital rape in India, several steps can be taken. Firstly, there should be a legal reform to explicitly criminalize marital rape, removing any exceptions. Secondly, awareness campaigns and education programs should be conducted to challenge societal attitudes and norms that perpetuate the acceptance of marital rape. Additionally, support services, such as helplines and counseling centers, should be established to assist survivors of marital rape and provide them with necessary support.
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