Section 375 of the Indian Penal Code defines rape. A man is said to commit rape against woman when he has sexual intercourse with such woman under the following circumstances.
1. Against her will.
2. Against her consent.
3. With her consent when consent is obtained under threat.
4. With her consent when woman believes that, he is her husband.
5. With her consent when the consent was given under influence of drugs or alcohol.
6. With or without her consent when she is under the age of 16 years.
Penetration is sufficient to constitute rape. Sexual intercourse by husband with his own wife who is not less than 15 years of age does not amount to rape.
The first law commission drafted IPC during the British rule in India in 1830 decade under the chairperson of Lord Macaulay. Now much of water has flown during these years in the society but the definition of rape remains unchanged that has caused considerable gap between the law and society that is not healthy sign of legal system. Values of the society have undergone sea changes and there is development of diversity of sexual offences against woman. In the light of all these things, the rape definition suffers from serious flaws.
1 .Narrow definition—Rape defined in the 1830 decade has become out dated in the 21 century. Now days the jurisprudence of sex has widened and it is enjoyed in more diversified manners. Man has invented new methods of Anal and Oral sex to commit sexual offence against woman. Most of western countries have included these things in the definition of rape but it has not happened in India. Even finger sex and some time foreign objects are put into the vagina parts of woman, have become common routine to commit sexual offence against woman. There fore word rape must replace by the sexual offence that would include all these things that makes the definition of rape meaningful and complete.
2. Gender biased definition—Section 375 says that only man can commit rape against woman that is major deficiency of rape. Today in most of the inmate of male prisons, commit anal sex against their own male counter part. Moreover, the child offenders are sexually abused by means anal sex. Even the woman can enjoys the finger sex against another woman or she can put some hard objects into the vagina another woman. All these things suggest that woman against woman or man against man can commit rape under widened definition of rape. Therefore, the definition of rape needs defined neutrally not in reference with male gender.
3. Marital Rape---Husband is exempted from the offence of rape when he has forcible sex with his own who is not less than 15 years age. Section 375 makes inference that woman is commodity, goods or property of husband and she has to please the sex of husband whenever he demands. If wife refuses to have sex then husband can use force and he can fulfill his lust that would not amounts rape. This section gives blanket power to husband use his wife as sex objects under any circumstances without considering her health. It is era of equality and woman does not loose her identity even after the marriage. Woman should be accepted as human being rather than sex objects. Therefore, whenever husband wants to have sex with his wife then it must with her consent otherwise it should be treated as rape.
4. Less punishment--- whenever husband has forcible sex with his own wife who is less than 15 years and more than 12 years age amounts to rape and punishable with only 2 years. Wife who is living separately under judicial separation or custom. Under such circumstance the forcible sex by husband amount to rape, which is punishable with 2 years imprisonment only. In other cases of rape, minimum punishment is 7 years. These provisions make inference that rape by husband is less serious than rape by stranger that is ironic and it should have been other way. Forcible sex by husband is betrayal of mutual trust and protector himself becomes offenders that cause considerable pain and agony for woman more than rape by stranger.
1. Against her will.
2. Against her consent.
3. With her consent when consent is obtained under threat.
4. With her consent when woman believes that, he is her husband.
5. With her consent when the consent was given under influence of drugs or alcohol.
6. With or without her consent when she is under the age of 16 years.
Penetration is sufficient to constitute rape. Sexual intercourse by husband with his own wife who is not less than 15 years of age does not amount to rape.
The first law commission drafted IPC during the British rule in India in 1830 decade under the chairperson of Lord Macaulay. Now much of water has flown during these years in the society but the definition of rape remains unchanged that has caused considerable gap between the law and society that is not healthy sign of legal system. Values of the society have undergone sea changes and there is development of diversity of sexual offences against woman. In the light of all these things, the rape definition suffers from serious flaws.
1 .Narrow definition—Rape defined in the 1830 decade has become out dated in the 21 century. Now days the jurisprudence of sex has widened and it is enjoyed in more diversified manners. Man has invented new methods of Anal and Oral sex to commit sexual offence against woman. Most of western countries have included these things in the definition of rape but it has not happened in India. Even finger sex and some time foreign objects are put into the vagina parts of woman, have become common routine to commit sexual offence against woman. There fore word rape must replace by the sexual offence that would include all these things that makes the definition of rape meaningful and complete.
2. Gender biased definition—Section 375 says that only man can commit rape against woman that is major deficiency of rape. Today in most of the inmate of male prisons, commit anal sex against their own male counter part. Moreover, the child offenders are sexually abused by means anal sex. Even the woman can enjoys the finger sex against another woman or she can put some hard objects into the vagina another woman. All these things suggest that woman against woman or man against man can commit rape under widened definition of rape. Therefore, the definition of rape needs defined neutrally not in reference with male gender.
3. Marital Rape---Husband is exempted from the offence of rape when he has forcible sex with his own who is not less than 15 years age. Section 375 makes inference that woman is commodity, goods or property of husband and she has to please the sex of husband whenever he demands. If wife refuses to have sex then husband can use force and he can fulfill his lust that would not amounts rape. This section gives blanket power to husband use his wife as sex objects under any circumstances without considering her health. It is era of equality and woman does not loose her identity even after the marriage. Woman should be accepted as human being rather than sex objects. Therefore, whenever husband wants to have sex with his wife then it must with her consent otherwise it should be treated as rape.
4. Less punishment--- whenever husband has forcible sex with his own wife who is less than 15 years and more than 12 years age amounts to rape and punishable with only 2 years. Wife who is living separately under judicial separation or custom. Under such circumstance the forcible sex by husband amount to rape, which is punishable with 2 years imprisonment only. In other cases of rape, minimum punishment is 7 years. These provisions make inference that rape by husband is less serious than rape by stranger that is ironic and it should have been other way. Forcible sex by husband is betrayal of mutual trust and protector himself becomes offenders that cause considerable pain and agony for woman more than rape by stranger.
