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“Criminalising marital rape will destabilize the institution of marriage”. Critically examine the statement in light of recent Supreme Court Judgement.

Topic: Salient features of Indian Society. Social empowerment,

2. “Criminalising marital rape will destabilize the institution of marriage”. Critically examine the statement in light of recent Supreme Court Judgement. (150 words)

Difficulty level: Moderate

Reference: The Hindu

Why this question:

A rising number of petitions before the Delhi High Court to criminalize marital rape has been alleged as an outcome of the government’s refusal to pay heed to the landmark report by the Justice J. S. Verma Committee.

Key demand of the question:

The answer must discuss the effect of the criminalization of marital rape on the institution of marriage.

Directive:

Critically examine – When asked to ‘Examine’, we have to look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.

Structure of the answer:

Introduction: 

State a few facts related to the criminalization of marital rape.

Body:

Explain the following aspects – 

First, discuss what you understand by marital rape – Marital rape is the act of sexual intercourse with one’s spouse without the spouse’s consent. The lack of consent is the essential element and need not involve physical violence.

Then move on to explain the concerns associated with it, explain how it is often being misused against men by women. How the institution of marriage is affected by criminalizing marital rape.

Ensure the answer also reflects on the status of women in society. 

Conclusion:

Conclude by emphasizing the need for proper policies and legislations in place to deal with marital rape.