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RECOMMENDATIONS AND SUGGESTIONS REGARDING CRIMINALISATION OF MARITAL RAPE

Courtesy/By: Mahek Bhatter | 2020-04-26 19:22     Views : 239

It is important to create awareness about marital rape and thus help establish a way to implement and formulate the laws for the same. Thus there are certain suggestions, which are highlighted below:

  1. The first thing necessary to establish marital rape is to make married women aware about the fact that there is something known as marital rape. A root cause which can be linked to the reduced number of marital rape cases being filed in the police station or court maybe due to the unawareness of the women being raped. The women would like to stick to the stigma of the society and its rules and view about marriages. 
  2. Another suggestion is to remove the clause of exception from section 375 under the Indian Penal Code which makes it all the more difficult to make provisions or formulate marital rape laws.
  3. Women suffering or who have been subject to marital rape should be given a complete chance to prove the crime, and also allowed aid for the same if she is unable to hire or use services of an advocate or lawyer. Moreover, if required the wife must be given sometime to stay separately from the husband in order to fully recover from the mental and physical trauma she goes through.
  4. Marital rape should also be thus considered as a ground for divorce and the wife should thus be entitled to maintenance and other needs that should be taken care of by the husband. However, if the married pair would like to stay together then in that case a combined counselling should be done and it should be ensured that the wife is fully recovered and in any situation is given immediate help and aid.
  5. In case the couple has children, and the wife has been raped by the husband which leads to divorce, then the custody of the children should be given to the mother and the entire maintenance for the children as well as the wife should be given by the husband. Moreover, the minor children should also receive some sort of maintenance from the father. In case both parents are not well equipped to maintain and fulfil the basic rights of the children, then a guardian should be appointed for the same to help prevent the child/children from suffering through the trauma or stress.

Courtesy/By: Mahek Bhatter | 2020-04-26 19:22