Plagiarism Scan Report

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Report Genrated Date 02 Mar, 2018
Plagiarism Status 100% Unique
Total Words 825
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Law in Facts and the Law in Practice in Britain:
Historically, the situation in the United Kingdom was no di ferent rom the other countries.
Rape in marriage was never considered a rape and the wi e was in act considered as the

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property o her husband to beat, whip or have intercourse with.
In Britain, the exemption given to marital rape was abolished in the early 90’s a ter a Law
Commission report strongly condemned the marital rape exemption, and a landmark 1991

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House o Lords decision declared that husbands’ immunity or rape within marriage no
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longer ormed part o English common law. Section 1 o the Sexual O fences Act 2003
governs the laws relating to the rape in marriage which is quite adequate i implemented
properly. In R (F) v DPP , the Court held that ejaculation without the consent o the wi e is
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also considered as marital rape.

While the law has been shown to be in acts, the question again arises on its
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implementation. Statistics have proved that the conviction rate is very low (as low as 5.7%)
in cases relating to rape. The criminal justice system in the United Kingdom needs to shi t
rom a ocus on the discreditability o complainants to enhanced evidence gathering and
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case-building.
Conclusion:
The judgement given by the Court in this case is de initely correct and one step towards
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protecting the rights o women but the problems lies in Court’s reluctance to take up the
topic o marital rape. Even in the instant case o Independent Thought v. Union o India,
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the court has clearly mentioned that the judgement o this case is nowhere related to the
marital rape happening to married women above the age o 18. The hesitancy o the court
can largely be linked to the Government’s approach towards this subject and its stubborn
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stand to not criminalise marital rape as it will a fect the institution o marriage. But here
again, the question that arises is that i a spouse has been living in an unhappy marriage
where their consent is not accounted or and ignored, how is it protecting the institution o
marriage? Also, the chances o alse accusation are always high irrespective o whether it
is in relation to marital rape. It is possible in ever o fence and crime.
Based on the survey results, it is very clear that the public’s awareness on the subject is
also minimal. This is clearly evident in the indings as most o the respondents think that
marital rape is illegal in India. Also, most o the respondents eel marital rape should be a
ground or divorce. This again opens up a plethora o questions as this would require the
personal laws to be amended. Most o the divorce cases are iled based on the personal
laws and i marital rape has to be made as a ground or divorce, then it is high time that
the personal laws go in or an amendment. This is easier said than done keeping in mind
India’s traditional roots and mind-set. Also rom the indings, it is understandable that the
respondents are a little unsure on how marital rape can be proved. Thus, the survey results
show that there is a wide discouragement o marital rape but the question o how, why
and what remains uncertain.
India’s approach to marital rape is largely archaic as compared to that o the United States
or the United Kingdom. These two countries have adopted a very progressive approach.
That said, analysing the situation in the United States, it is clearly established that the laws
in act are not matching with the laws in practice. In act, this problem is because rape
within marriage has been treated di ferently and has not been treated on par with the rape
outside o marriage, this has contributed largely to the existing discrepancy existing in the
United States. India can take inspiration rom the United Kingdom regarding the provisions
relating to the penalisation o marital rape.
There is lot o eminist jurisprudence on marital rape. They essentially believe in breaking
the silence and taboo surrounding any rape, in general. Certain eminist scholars suggest

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measuring rape not by the non-consent but by the ‘welcomeness’ towards it. This means
the understanding realm must be broadened. Suggestions are being made to pass new sex-

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equality based civil rights.
The next step is to enact a law relating to marital rape. It is crucial to do that because i
rape is to be prevented we have to create a society which does not tolerate it. The law in

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this respect is one moral barometer o society and legal re orm is the irst and easiest
step in the process. Ultimately though, the causes o rape in a society must be addressed.
E fective social policies should be thought about to ensure that rape is prevented. This will

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help in breaking the shackles o cultural norms, attitudes and structural conditions which
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have been holding India back.
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