The entire family system will be under great stress if marital rape is brought under law. In the light of this statement, critically discuss the necessity of criminalising marital rape in India.

Threat to family

1. It would lead to large number of divorces :- legal, economical and social problem for society
2. Edmund leach: Marriage is a bundle of rights including sexual rights
3. GP Murdock: family is primary unit of socialisation whose foundation is given by family. Any threat to marriage would threaten family
4. Issue of child care in case of divorces → No personality stablisation

It should be criminalized

1. Many countries like Sweden, and even Nepal have criminalized it.
2. Shulamith firestone: It gives power of over the body of women to men. Body independence should be provided.
3. Utsa patnaik: Rape is a form of domination which serves as a reminder of inferiority of women.
4. Against the constitutional morality Article 14, 21
5. SC has already ruled that it can be a ground of divorce.