Sociology II · 20 marks

It is necessary that sexual violence has no place in society, and the institution of marriage is no exception to it. Critically discuss in context of criminalising marital rape in India.

Answered by 5 toppers · CSE 2022–2024

Syllabus: Systems of Kinship in India: (a) Lineage and descent in India. (b) Types of kinship systems. (c) Family and marriage in India. (d) Household dimensions of the family. (e) Patriarchy, entitlements and sexual division of labour.

How toppers approached it

From all 5 answers · about 340 words · 20% drew a diagram.

Opening

  • A definition60%
  • A figure40%

Body

  • Points100%

Close

  • A way forward80%
  • No separate close20%

The toppers’ answers

Aayushi BansalAIR 7 · CSE 2024 · 232 wordsTheir whole copy

Opening · a definition

Marital rape refers to forceful intercourse with one's spouse without his/her consent.

Arguments for criminalising marital rape in India:-

Body · points

  1. Sexual violence is an extreme manifestation of gender inequality. It perpetuates patriarchy by giving men control over women's body in the garb of marriage.

  2. It leads to constant exposure of women to violence where she is forced to live with the perpetrator.

  3. There is no possible recourse to the law further aggravating the situation.

  4. Women socialised to such violence further recycles this gender discrimination by teaching her daughter to not raise her voice.

  5. Women are constantly surrounded by anxiety as said by Lotika Sarkar.

Arguments against criminalising:

  1. In a cultural society like India where marriage is sanctioned by religion, it is a sacrament and duty (Grihastha Ashram). This will restrict number of women complaints.

  2. It can further destabilise the institution of marriage as a number of false cases can be filed as seen in dowry cases.

  3. The intimate nature of spousal relations makes it difficult to verify the authenticity of the claim.

Close · a way forward

Gender equality must be the prime concern and law must be used as an instrument of social change.

Various Committees like JS Verma Committee recommend criminalising it.

Recently Karnataka High Court punished a man for marital rape.

Marriage must not become for violence against women and the law should play a proactive role.

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