AMBIGUITIES IN RAPE STATUTES: A PERSPECTIVE

ABSTRACT ___________________________________________________________________________ This paper explores the ambivalence in the Indian criminal statute. I have begun my paper by defining the notion of rape that differentiates between rapes that takes place within and outside the matrimonial relationship and have also briefly explained the elements that are necessary to constitute rape. This article examines the concept of marital rape, which is a license for a man to commit rape upon his lawful wife and the patriarchal mindset of the Indian society. I additionally delve into the Protection of Women against the Domestic Violence Act, 2005 (PWDVA) wherein which the law does not condemn marital rape as a crime, but limits it to an act of domestic violence alone, so that the woman can seek judicial separation from her husband, but cannot have her partner arrested for the evil act committed against her by force simply because it is a civil wrong. If we reflect upon the present position, I suggest that an offence of rape, whether marital or otherwise must be given a stricter punishment instead of reducing the crime to a civil wrong.