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It must be noted that in countries like the USA, the UK and Canada, the term rape is a gender-neutral term when one cites the example of these countries to say that marital rape is an offence in these countries. Which means that even the male/ husband may allege and prosecute a female/wife for an offence of rape. The laws must not be patently in favour or biased in favour of women.So, we may have a graded response to such allegations by a wife against the husband, as follows. In the meantime, it may be prudent for the legislature of the country to consider enacting a special Act or amending the existing provisions of the existing laws meant to protect women from violence/ domestic violence.Firstly, legal recognition of such an act of ‘marital rape’ by the husband as an act giving right to the aggrieved wife to approach the police authorities or a court of law for its redressal.Secondly, making it mandatory, during all proceedings under the offence of ‘marital rape’, to have professional counselling of the husband and gender sensitization classes and courses to be successfully completed by the accused husband.Thirdly, amendment and insertion of a special and specific provision under section 18 of The Protection of Women from Domestic Violence Act, 2005, which talks of the various protection orders which a magistrate may pass while trying a complaint under section 12 of the Act, when the aggrieved complains of marital rape, single or continuing act, by the respondent-husband.Violation of any such order by a magistrate could attract the penal consequences as provided in section 31 of the Act or even a full-fledged trial under provisions of section 375, as per the choice of the aggrieved woman, in case of such deliberate and willful breach of such protection order by the husband.
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Existing laws could deal with ‘marital rape’ while saving marriage rather than outright arrest of accused man
