Is Marital Rape a crime in India? 😧💔

As of 2019, marital rape has been criminalized in 150 countries but marital rape under the Indian Penal Code (IPC) only applies in the situation of “non-consensual intercourse with a wife who is aged between 12 and 15 years”. Where the exception does not apply, the IPC (Section 375) states that “sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
However, in 2017, the Supreme Court in Independent Thought v. Union of India and in 2022 the High Court in RIT Foundation v. Union of India held that the part of Exception 2 to section 375 which excused marital rape of minors between the ages of 15-18, was unconstitutional, which means that the term 15 years in the exception now needs to be read as 18 years. Currently, there are no criminal penalties for marital rape when a wife is over 18 years old.
#law #marriage #couple #youtubeindia #youtubevideo #trend #trendingshorts #viralvideos #viralshorts #legallyspeakin #shorts #short #awareness

Пікірлер: 158

  • @Karanh0
    @Karanh0 Жыл бұрын

    There are many laws that are biased towards women, but none of them prevent the misuse of these laws.

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    That is correct and I agree to your point but just because a law can be misused does not mean it should not be made, also can't every law almost be misused? I am obviously against the misuse of laws and I condemn it strongly but I also empathize with women who are subject to sexual violence by their own husbands and are not given justice that they deserve.

  • @Karanh0

    @Karanh0

    Жыл бұрын

    @@LegallySpeakin_by_Anushka “the law holds that it is better that 10 guilty persons escape, than that 1 innocent suffer.”

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Law also states a person is "Innocent until proven guilty" so proving a crime is a major part of a criminal proceeding that you just missed my friend. Anyway thank you for your opinion though :)

  • @Karanh0

    @Karanh0

    Жыл бұрын

    @@LegallySpeakin_by_Anushka Dear FRND :) I am not against passing the bill .. I'm saying intellectuals like you also pass laws that stop the abuse of rape laws.

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Indeed! 😄

  • @Rishabh-hy6qx
    @Rishabh-hy6qx7 ай бұрын

    Can a husband file the case of marital robbery if his wife takes or uses his money without his consent?

  • @parkniha3615

    @parkniha3615

    5 ай бұрын

    You Literally comparing money with physical torture

  • @Rishabh-hy6qx

    @Rishabh-hy6qx

    5 ай бұрын

    @@parkniha3615 No. Just saying that if a husband can be rapist then can't a wife be robber and thief?

  • @Flochforster123

    @Flochforster123

    5 ай бұрын

    😂op bola bhai 🎉

  • @parkniha3615

    @parkniha3615

    5 ай бұрын

    @@Rishabh-hy6qx But a rape and robe are two diffrent things there is nothing to compare them

  • @Rishabh-hy6qx

    @Rishabh-hy6qx

    5 ай бұрын

    @@parkniha3615 If a wife wants to deny sex to her husband then she shouldn't have married him in the first place

  • @relaxlover8345
    @relaxlover83457 ай бұрын

    So you will sentence your husband to death or 20 years jail for a forceful sex so then what you can marry another man?

  • @YzxZxy-qq7wo

    @YzxZxy-qq7wo

    7 ай бұрын

    That's r*pe ..and yes he will be behind bars

  • @kumariavantikasinha4180

    @kumariavantikasinha4180

    7 ай бұрын

    ​@@YzxZxy-qq7wothat pathetic

  • @dreamstar6901

    @dreamstar6901

    5 ай бұрын

    Rape is a rape no matter what, no matter who. I think because of people like you our society is still on the dark corner

  • @Titan-tq2op
    @Titan-tq2opАй бұрын

    It's not rape, it's abuse. And It is already cover under the domestic violence. So it is already a crime in india but not equals to rape.

  • @MuraliKrishnaE
    @MuraliKrishnaE9 ай бұрын

    Violence in the form of marital rape is the worst kind of torture that a woman goes through during her marriage. Every woman deserves equal protection under the law and has the right to life and personal liberty provisioned under Articles 14 and 21 of the Constitution. But this is one side of the coin; what about the false rape cases against an innocent man? Are there any laws to protect people against these false claims? How can a husband prove that the act done was consensual and not forceful when a wife will blame him for committing marital rape? What evidence can he produce? False rape accusations are equally grave and denting to one's reputation as the offence of rape, and hence, false rape accusations should be checked and strict actions need to be taken against the false accuser.

  • @AtheistNationalist

    @AtheistNationalist

    7 ай бұрын

    False. Marital r*pe isn't recognized. There's nothing like it. Marriage is for many reasons and 1 of them is s*x. If you can't provide it, I'll take it then

  • @kumariavantikasinha4180

    @kumariavantikasinha4180

    7 ай бұрын

    Its not happens

  • @malaqi_arts_and_antiques
    @malaqi_arts_and_antiques Жыл бұрын

    Hey....but.. In Sec. 375 (Rape) exception 2... there mentioned that a man having sexual Intercourse with his wife is not considered as Rape... But there not mentioning if it's forcefully or not.. Forceful Intercourse ( without consent ).. even if she's his own wife... is rape... Section 376 (B) ... she can complaint according to that they were on edge of separation and so on... also.. If she could prove that she was living separately... Will get added to the Rape thing right....?

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Rape is rape irrespective of the fact who the perpetrator is, what I mean is even if it is the husband he should be punished just like any other person guilty of committing the crime of rape. But our clear exception 2 of sec.375 states that sexual intercourse done by husband even if it is forceful does not fall under the definition of rape.

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    www.google.com/url?sa=t&source=web&rct=j&url=grdspublishing.org/index.php/people/article/view/214&ved=2ahUKEwjygcvauNL_AhVlbmwGHUOdCZQQFnoECBQQAQ&usg=AOvVaw12mWTNWUYrIPyIQvTfk-lJ For more information, read this paper. It's written by me.

  • @malaqi_arts_and_antiques

    @malaqi_arts_and_antiques

    Жыл бұрын

    @@LegallySpeakin_by_Anushka See...what if... she prove that they were living separate ...I.e. they were to separate... Then...it will fall under 376 (B) no?

  • @bpramakrishnaramu8730

    @bpramakrishnaramu8730

    8 ай бұрын

    ​@@LegallySpeakin_by_Anushka another ghumraho ka reply from anushka madam, if rape is rape crime is crime, and relation with the Perpetrator is immaterial even if it's husband, the why are you publicising with the word marital rape and not simply rape 😂😅

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    8 ай бұрын

    @@bpramakrishnaramu8730 what a stupid question this is? Isn't it? We are classifying Marital Rape differently because there is a clear exception 2 of Sec.375 which separates it from the word or the general terminology "rape", what we are trying to advocate for is to remove the difference and treat rape as rape irrespective of the relationship.

  • @abhijeet1853
    @abhijeet1853 Жыл бұрын

    A rape is a rape(crime) no matter who does it...but I'm guessing there is no law against men(husband) because women(wife) might misuse it.🤔

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    And the point you just raised "misuse". Aisa kaun sa law hai Jo misuse nahi ho sakta hai? Lekin fir bhi banaya gaya hai na? The entire court proceeding will take place, evidences will have to be given, if proven guilty he'll be punished. So then this point of misuse becomes baseless my friend 😊

  • @chiragpatil8207

    @chiragpatil8207

    Жыл бұрын

    ​@@LegallySpeakin_by_Anushkaagreed but you do know that in india marriage is considered sacramental and pure so if you want law against martial rape then I think there should also be a law allowing prenuptial agreement but india been india there is no such law so I dont think that marital rape can be classified as rape cause then you would have laws which will always favour women and stamp on men .. argue that

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    With regards to your question of Prenuptial Agreements, although it is not enforceable in the court of law, it is often used to determine the intention of parties wherein division of assets is looked into, In the case of Sunita Devendra Deshprabhu v. Sita Devendra Deshprabhu the court allowed the prenuptial agreement for the division of assets. The courts have considered a prenup agreement while divorce to check upon the intentions of parties at the time of marriage. It helped the court to learn about the conduct of marriage before enforcing the agreements.

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Brother trust me this absolutely holds no value at all, just look at the point you put forward? My god! Just because you think marriage is sacred so marital rape shouldn't be criminalized? And then men roaming around and saying "Ha hum force karte hai aur nahi karne se marte hai" is absolutely fine? You want evidence for the same, I'll give you. But please don't say anything just for the sake of saying it.

  • @chiragpatil8207

    @chiragpatil8207

    Жыл бұрын

    @@LegallySpeakin_by_Anushka are you a lawyer...? If you are then you are a really bad one... as a lawyer you should never let your emotion take you over...coming back to my point you did not read my statement... no where I ever said I support or oppose I just told you that supreme court views marriage as a sacred bonding and that is the result why it doesnt allow concepts like prenuptial agreement or marital rape...that is supreme courts point of view.. at the end of the day I dont think you or mee is more smarter than supreme court so that is the point ..and please dont base your views around emotion cause it makes your point weak 🙏🏼🙏🏼🙏🏼

  • @praveenm8323
    @praveenm8323 Жыл бұрын

    Rape by women on her husband is also not a crime. Sorry women cant rape, according to law. Husbands not consenting or with holding is harassment, according to law. Sex outside marriage is legal. Sex within marriage need proof of consent that it is not rape

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Who said sex outside marriage is legal without consent? Where is it written? Please don't spread wrong information. Let me correct you "Sex outside marriage without consent is Rape BUT Sex within marriage without consent is just a Duty! Now isn't it clear enough?"

  • @praveenm8323

    @praveenm8323

    Жыл бұрын

    @@LegallySpeakin_by_Anushka ok. So do you think sex outside marriage with consent is ethical

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    If two adults have consented for the said act, there is nothing wrong with it. It's very unfortunate how people get into the debate of how ethical or unethical something might be but forget the very importance of somebody's consent to any act which is by far the most important element to be considered.

  • @praveenm8323

    @praveenm8323

    Жыл бұрын

    @@LegallySpeakin_by_Anushka No, consent is not important, not atleast men's consent according to law. If a man refuses to have sex with his wife court considers it as harrassment as it comes under with holding of sex. Ethical or unethical is always questioned. I dont think many women here will agree with your opinion of sex outside marriage, atleast most of them would object to consensual sex between her husband and another women. Any relationship is built on certain conditions, if a man or woman want to enter a marriage they should clarify before marriage that if her or his partner ever try to touch him or her without consent they will file a case against them, as consent is very very important to them.

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Sex outside marriage when you said what I basically presumed is that you're trying to say 2 people who are not married and have consensual sex, in that perspective I said that it's not wrong. So frame your comments with a little more clarity, coming to your point of adultery, it is not punishable anymore and either of the partners can get divorce on the said ground so I don't think there's any discrimination there as of now. Now coming to the point of men's rights, gender neutral laws are a call for a developed nation and I vouch for that but that does not mean it eliminates the need to criminalize a crime so heinous which is Marital Rape.

  • @BELIEVER1100
    @BELIEVER1100 Жыл бұрын

    Then Why do girls say "yes" to arranged marriages? Don't they have guts to tell their parents?

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    What has Marital Rape got to do with Arrange or Love Marriage?

  • @user-mp9rj7rd7y

    @user-mp9rj7rd7y

    Жыл бұрын

    How are you even saying this? "Girls don't have guts?" Do you even know that girls don't even have access to basic amenities in many parts of our country, let alone the decision of marriage. This is such a baseless thing you just said.

  • @BELIEVER1100

    @BELIEVER1100

    Жыл бұрын

    @@LegallySpeakin_by_Anushka when a couple is in a love marriage then already has consent to do sex and there is may not be a word like "marital rape" in love marriages...only arranged marriage sh*t is that and really most of arranged marriages are held only to have sex and nothing else.

  • @nush8131

    @nush8131

    Жыл бұрын

    ​@@BELIEVER1100no. You are completely wrong. In both arranged marriage and love marriage, a partner doesn't become entitled to sexual pleasure just because they are husband and wife. Asking for consent in every case, whether the relationship is marital or not, or whether they had an arranged marriage or a love marriage, consent is imp.

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    @@BELIEVER1100 I would like to differ, there are cases of love marriage wherein instances of Marital Rape has taken place. Having sex with a partner without her consent is marital rape, it can happen in a marriage, doesn't matter if it's love or arrange.

  • @atheistrahulsharma3880
    @atheistrahulsharma38808 ай бұрын

    How to know the next day that wife did not consented to the sex they had previous night ?? Medical examination will only prove that they had sex, what will prove that the husband wife have consensual sex or not ??

  • @SaptadweepPramanik
    @SaptadweepPramanik8 ай бұрын

    That's the thing wrong in India. Here a man is punished always irrespective of whether he is really guilty or not. In European countries, laws are there for men too. Here, a man only suffers always

  • @abhilashasharma4476
    @abhilashasharma4476 Жыл бұрын

    Another reason to not marry

  • @shivprasadnaik3678
    @shivprasadnaik36788 ай бұрын

    Law is needed A good understanding is enough for a good relationship Same time strong steps are needed . People will be More serious on marriage Before taking law is bad , Please look around you u will understand what am trying to tell . Marriage became jock It is considered as lifetime sex And same people other make money from it😂 By implementation of material rape law Man will be more careful before doing anything wrong And wrong decision (like marriage😅) If aggree than 👍

  • @shivprasadnaik3678
    @shivprasadnaik36788 ай бұрын

    There should be low on missusing law

  • @kavyansh-jv4tj
    @kavyansh-jv4tj Жыл бұрын

    If wife refuses husband for sexual intercourse then husband engages in extra marital affair . !!!! !!!!!!!!

  • @bpramakrishnaramu8730
    @bpramakrishnaramu87308 ай бұрын

    Dear anushka madam, will you support the idea of making domestic violence law in india to be gender neutral???

  • @bpramakrishnaramu8730

    @bpramakrishnaramu8730

    8 ай бұрын

    Anushka madam haven't replied for my comment. Surprised

  • @shanvitha7799
    @shanvitha77997 ай бұрын

    Mam I have one doubt...one person raped a girl after 5 years he married her and later he was trying to divorce..can that gir file rape on him plz ans

  • @YzxZxy-qq7wo

    @YzxZxy-qq7wo

    7 ай бұрын

    Yes !

  • @mukuldev1277
    @mukuldev1277 Жыл бұрын

    Is it true for other way around ?

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Laws are not gender neutral in India as of now BUT as a progressive society this is a step which is obviously needed. However having a need for a gender neutral law does not eliminate the need to criminalize Marital Rape by any chance.

  • @praveenm8323

    @praveenm8323

    Жыл бұрын

    ​@@LegallySpeakin_by_Anushkamake a gender neutral rape law

  • @ultimate6243

    @ultimate6243

    Жыл бұрын

    ​@@LegallySpeakin_by_AnushkaSex is a matrimonial rights, it's not a crime.

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    I am not someone who can make a law but yet I can vouch and talk about it as an activist and that I'm doing for sure!

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Forced sex is not a matrimonial right. If it is, I request you to kindly quote the said law.

  • @VanessaEdwards13
    @VanessaEdwards13 Жыл бұрын

    💔💔💔💔

  • @siddharthbodybuilder4790
    @siddharthbodybuilder479010 ай бұрын

    Madam, jo husband apne biwi ki saath zabardasti karega, toh phir usse death penalty dena sahi hoga ya sahi nehin hoga ?

  • @PalJiProduction
    @PalJiProduction Жыл бұрын

    a person has some important needs for his body so he do such that if women don't like it then she should let divorce him and survive her life alone .

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Isn't it clear that sexual intercourse which is forced is termed as Marital Rape? A woman does not lose autonomy over her body post marriage, consent is important

  • @PalJiProduction

    @PalJiProduction

    Жыл бұрын

    @@LegallySpeakin_by_Anushka pls tell me if woman gives pressure to husband to doing sexual intercourse then it is wrong or right If it is wrong then why someone doesn't speak against it even our social media (like you) also don't speak against it

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    @@PalJiProduction I think you have missed my video where I've clearly spoken about how gender neutral laws are important for the development of the country. Do your homework my friend :)

  • @ultimate6243

    @ultimate6243

    Жыл бұрын

    ​​​​​@@LegallySpeakin_by_Anushkawhat about autonomy of a man? Does women take consent everyday to live in the house of husband? Can we termed it Matrimonial trespassing? Why about autonomy of a man over his money? Can we say demand of Alimony/Maintainance is a legal extortion? If consent for sex it required for each time of sexual intercourse then consent is required for everyday for marriage other wise it's a forced marriage and wife should be sent to jail.

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    @@ultimate6243 Aren't you aware that even a man can take alimony from his wife under certain conditions? And do you think a wife lives in the house of the husband without his permission and without fulfilling any duty of hers? In the case you're talking about a housewife I believe if the man takes care of money she takes care of the entire house from little to big chores I'm sure you might have witnessed it, I don't think sexual autonomy is anywhere related to what you're saying.

  • @atulkatiya4538
    @atulkatiya45385 ай бұрын

    Bhaad may jaay live happy in life😊

  • @VishalSingh-eu1dw
    @VishalSingh-eu1dw11 ай бұрын

    H to ye wife pe bhi lagu hota h

  • @digyo1
    @digyo1 Жыл бұрын

    Article 372 (2) is something else.....not on forced intercourse

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    And where can you find 372(2) written?

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    Жыл бұрын

    Also I'm not talking about Articles anywhere, please check thoroughly I've mentioned Sec.375(2) of IPC!

  • @Flochforster123
    @Flochforster1235 ай бұрын

    Band Band

  • @INFINI_X
    @INFINI_X6 ай бұрын

    😮 really?

  • @LegallySpeakin_by_Anushka

    @LegallySpeakin_by_Anushka

    6 ай бұрын

    Yes

  • @shekhyshekhar
    @shekhyshekhar9 ай бұрын

    Folkish

  • @Penisrules
    @Penisrules Жыл бұрын

    Murder is not murder if it’s your husband.

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