Dr.

Ram Manohar Lohiya National Law University, Lucknow

TOPIC: MARITAL RAPE

SHUBHRANSHU SINGH Dr. Ram Manohar Lohiya National Law University, Lucknow .

Table of Contents Women and Violence Types of Marital Rape Arguments against criminalization of Marital Rape Rebuttal of Arguments against criminalization of Marital Rape Legal Position on Marital Rape Law Commission report 172nd Law Commission report Suggestions for reform Conclusion References

Introduction
Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent. Marital rape could be by the use of force only, a battering rape or a sadistic/obsessive rape. It is a nonconsensual act of violent perversion by a husband against the wife where she is physically and sexually abused Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. As such, it as a form of partner rape, of domestic violence, and of sexual abuse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and increasingly criminalized. Still, in many countries, spousal rape either remains legal, or is illegal but widely tolerated and accepted as a husband's prerogative. According to section 375 of the Indian Penal Code, "sexual intercourse by a man with his own wife, not being under 15 years of age, is not rape." On the other hand, the Criminal Procedure Code states that `it is rape if the girl is not the wife of the man involved and is below 16! Which means that if the girl is not the wife of the man involved and is below 16, it is rape even if she consents? Whereas if she is a wife and below 15 years of age, it is not rape even if she does not consent A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: -

First: - Against her will. Secondly: -without her consent. Thirdly: - With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. Fourthly: -With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly: - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly: - With or without her consent, when she is under sixteen years of age. Explanation: - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape. In the above mentioned definition of Rape it is clearly mentioned that sexual intercourse by a man with his wife who is more than 15years of age is not a rape. So in India if a man does forcible sex

with his wife who is of more then 15years of age is committing Rape? The marital rape is only possible if husband & wife are living separately from each other under a decree of separation or under any custom or usage as provided under section 376A of the Indian Penal Code :- Intercourse by a man with his wife during separation. Whoever has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent, shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Women and Violence:

Violence against women is a technical term used to collectively refer to violent acts that are primarily or exclusively committed against women. Similar to a hate crime, this type of violence targets a specific group with the victim's gender as a primary motive. The United Nations General Assembly defines "violence against women" as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life." The 1993 Declaration on the Elimination of Violence Against Women noted that this violence could be perpetrated by assailants of either gender, family members and even the "State" itself. The Protection of Women from Domestic Violence Act 2005 was brought into force by the Indian government from October 26, 2006. The Act was passed by the Parliament in August 2005 and assented to by the President on 13 September 2005. As of November 2007, it has been ratified by four of twenty-eight state governments in India; namely Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Orissa. Of about 8,000 criminal cases registered all over India under this act, Rajasthan had 3440 cases, Kerala had 1,028 cases, while Punjab had 172 cases registered.

Physical and psychological effects of marital rape Despite the historical myth that rape by ones partner is a relatively insignificant event causing little trauma, research indicates that marital rape often has severe and long-lasting consequences for women. The physical effects of marital rape may include injuries to

private organs, lacerations, soreness, bruising, torn muscles, fatigue and vomiting. Women who have been battered and raped by their husbands may suffer other physical consequences including broken bones, black eyes, bloody noses, and knife wounds that occur during the sexual violence. Specific gynaecological consequences of marital rape include miscarriages, stillbirths, bladder infections, infertility and the potential contraction of sexually transmitted diseases including HIV. Women who are raped by their partners are likely to suffer severe psychological consequences as well. Some of the short-term effects of marital rape include anxiety, shock, intense fear, depression, suicidal ideation, and post-traumatic stress. Long-term effects often include disordered eating, sleep problems, depression, problems in establishing trusting relationships, and increased negative feelings about themselves. Psychological effects are likely to be long-lasting. Some marital rape survivors report flashbacks, sexual dysfunction, and emotional pain for years after the violence.

Types of Marital Rape: It appears that Sexual violence is most likely to occur along with all other forms of violence like physical violence, emotional violence and economic violence. This has led some researchers to argue that marital rape is just one extension of domestic violence (Johnson & Sigler, 1997, p.22). Viewing rape in marriage as a form of domestic violence is logical given that researchers have found that the majority of women who are raped by their partners are also battered. In fact, Violence cannot be compartmentalized. It is a continuum. Finkelhor & Yllo (1985) have tried to categorize the sexual assault into three major following forms:-

Battering rape: battering rape is describes the experience of the women who are the victims of physical beating and forced sex. The sexual violence, often combined with verbal degradation, is an additional means by which husbands inflict pain and humiliation. Batterers who also rape appear to be at the more brutalend of the physical violence continnum. They often inflict serious injuries and then force their terrorised and sometimes semiconscious wives to have sex with them. The sexual violation appears to be the final debasement. Nicholas Groth (1979) studied types of rapes in general, and these batterers assaults seems to be consistent with his category of anger rapres. These men are enraged and hateful and want to inflict serious harm they use far more force than necessary to overcome their victims and the forced sex appears to be just one part of this broader dynamic of hostility Force-only rape: A final type of marital rape is Force-only rape which occurs in relationships that are generally free of other physical violence. The husband used only as much force as is necessary coerce his wife into sex. This coercion often involves just using his greater weight, size, and strength to hold her down. It sometimes includes twisting an arm behind her back or holding a pillow over her face. As terrifying as such bodily force can be, the husbands purpose appear to the infliction of physical injury, but rather the over powering of resistance. These relationships tend to be characterized by power struggles over issues such as money, children and specially sex. Force-only rapes are consistent with the dynamics Groth identifies in power rapes which are motivated by the desire of dominance and control. The goal is not so much to harm the victim as to possess her

sexually. Its seems likely that the laws and cultural norms which condone forced sex in marriage contribute to the sense of sexual entitlement these husbands hold. Force-only rapes are very difficult to prosecute due to lack of injury and corroborating evidence, and because the perpetrator are men who do not, for the most part , otherwise violate the law. It is ironic that the marital rapists who are least likely to be convicted are probably the ones who would be most restrained by laws, institutional responses, and social norms which clearly condemn forced marital sex. It is their wives who would be most empowered by clear recognition of their autonomy and right to self-determination. Perhaps it is this paradox that explains the strong opposition of many legislators as attorneys to the criminalisation of rape in marriage. Obsessive rape: obsessive rape, seems to be the least prevalent but most cruel. Some obsessive rapists batter their wives apart from the force sex and other do not. What sets them apart is their fusion of violence and sexual arousal. They are hyper sexual and perverse they are willing, and even prefer, to use force to carry out their sexual obsessions. Also, these men tend to be deeply involved with pornography. In depth interviews conducted by Finkelhor and Yllo(1985), women reported that their husbands were aroused by hitting and harming them during sex, used objects to rape them, planned sexual assaults, simulated stranger rapes, took degrading pictures, and kept written records and description of the rapes. One woman describes her husbands efforts to pull on her vagina with a pair of pliers. When she went to the hospital haemorrhaging, no one inquired about the cause of her injury. These obsessive rapes are consistent with what Groth identifies as sadistic rapes which aggression becomes eroticized and the victims suffering is a source of pleasure for the perpetrator. It is

important to note that the presence of sadism in these rapes should not be taken to imply a corresponding masochism on the part of victim. While sado-masochistic sexual relationships do exist, they are characterised by the masochists consent to certain scenarios. The victims of the obsessive rapes described above were unwilling participants who were forced into sex with their consent and despite their rsistance.

Arguments against criminalization of Marital Rape

Besides the above mentioned theories which justify marital rape there are also some frivolous arguments which justify this heinous offence. They are as followed:The following are some of the common arguments given against the idea and proposal of criminalizing marital rape as an offence: There is no need to give legislative attention to marital rape, as it is quite uncommon. Due to the near impossibility of proving marital rape, its criminalization would only serve as anincreased burden to the already overburdened legal system. Dissatisfied, angry, vengeful wives might charge their innocent husbands with the offence of marital rape. There is an implied consent to have sexual intercourse when a woman marries a man. Marital rape laws would destroy many marriages by preventing any possible reconciliation.

Rebuttal of Arguments against criminalization of Marital Rape

A perusal of these arguments would make it quite evident that these are mere fanciful, lame excuses of a male-dominated society that

lack any sort of legal substance or moral force. A rebuttal of the abovementioned arguments is not very difficult. Marital rape is a common but under-reported crime. A study conducted by the Joint Women Programme, an NGO, found that one out of seven married women had been raped by their husband at least once. They frequently do not report these rapes because the law does not support them. As to the second argument, that marital rapes are difficult to prove, it may be showed that criminalization of marital rape, serves to recognize rape in marriage as a criminal offence and would have a deterrent effect on prospective rapist husbands. The mere fact that marital rape would be very difficult to prove is no reason for not recognizing it as a crime. As regards the third argument of women foisting malicious charges, it may be noted that if proving a claim of rape in marriage is hard, proving a fabricated claim will be even more difficult. Because of the associated stigma of rape trials, it is unlikely that women will elect to undergo such an experience out of sheer spite. Besides, the criminal justice system provides inherent safeguards such as the requirement of proof beyond any reasonable doubt. This is no justification to say that the victims should be denied protection simply because someone might be at risk of a fabricated case. As far as the fourth argument is concerned, it is true that a wife impliedly consents to sexual intercourse with her husband after marriage, but the expression of love through sexual intimacy is not the same as forced sex. On the other hand, it strikes at the very foundation of matrimony irrespective of whether the marriage is a sacrament or a contract. By no stretch of imagination can it be said that a person consents to harm or violence by marriage, and neither does the law permit any person to give such consent. Finally, a marriage in which a husband rapes his wife is already destroyed. Attempt to hold together marriages may be one of the objectives of matrimonial laws. But it cannot override the fundamental objective of law in general and that of criminal law in

particular, which is to protect and preserve the bodily integrity of a human being. Thus, withholding justice and denying equal protection for preserving marriages, at best, can be an improper goal of law. The law should not encourage forced cohabitation and should not protect a raping husband.

Legal Position on Marital Rape:

The marital rape exemption can be traced to statements by Sir Mathew Hale, Chief Justice in England, during the 1600s. He wrote, The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, whom she cannot retract. This established the notion that once married, a women does not have the right to refuse sex with her husband. This allows husbands rights of sexual access over their wives in direct contravention of the principles of human rights and provides husbands with a licence to rape their wives. Not surprisingly, thus, married women were never the subject of rape laws. Laws bestowed an absolute immunity on the husband in respect of his wife, solely on the basis of the marital relation. The revolution started with women activists in America raising their voices in the 1970s for elimination of marital rape exemption clause and extension of guarantee of equal protection to women. In the present day, studies indicate that between 10 and 14% of married women are raped by their husbands: the incidents of marital rape soars to 1/3rd to among clinical samples of battered women. Sexual assault by ones spouse accounts for approximately 25% of rapes committed.

There is no slightest of doubt that we live in patriarchal society. This society vehemently denies social and economic autonomy of women and its appropriation of women as male sexual property are only too willingly protected by the state and its laws. Though we have advanced in every possible field, marital rape is not considered as an offence in India. Despite amendments, law commissions and new legislations, one of the most humiliating and debilitating acts is not an offence in India. A look at the options a woman has to protect herself in a marriage, tells us that the legislations have been either non-existent or obscure and everything has just depended on the interpretation by Courts. Section 375, the provision of rape in the Indian Penal Code (IPC), has echoing very archaic sentiments, mentioned as its exception clauseSexual intercourse by man with his own wife, the wife not being under 15 years of age, is not rape. Section 376 of IPC provides punishment for rape. According to the section, the rapist should be punished with imprisonment of either description for a term which shall not be less than 7 years but which may extend to life or for a term extending up to 10 years and shall also be liable to fine unless the woman raped is his own wife, and is not under 12 years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to 2 years with fine or with both. This section in dealing with sexual assault, in a very narrow purview lays down that, an offence of rape within marital bonds stands only if the wife be less than 12 years of age, if she be between 12 to 16 years, an offence is committed, however, less serious, attracting milder punishment. Once, the age crosses 16, there is no legal

protection accorded to the wife, in direct contravention of human rights regulations. How can the same law provide for the legal age of consent for marriage to be 18 while protecting form sexual abuse, only those up to the age of 16? Beyond the age of 16, there is no remedy the woman has. The wifes role has traditionally been understood as submissive, docile and that of a homemaker. Sex has been treated as obligatory in a marriage and also taboo. Atleast the discussion openly of it, hence, the awareness remains dismal. Economic independence, a dream for many Indian women still is an undeniably important factor for being heard and respected. With the women being fed the bitter medicine of being good wives, to quietly serve and not wash dirty linen in public, even counseling remains inaccessible. Legislators use results of research studies as an excuse against making marital rape an offence, which indicates that many survivors of marital rape, report flash back, sexual dysfunction, emotional pain, even years out of the violence and worse, they sometimes continue living with the abuser. For these reasons, even the latest report of the Law Commission has preferred to adhere to its earlier opinion of non-recognition of rape within the bonds of marriage as such a provision may amount top excessive interference wit the marital relationship. A marriage is a bond of trust and that of affection. A husband exercising sexual superiority, by getting it on demand and through any means possible, is not part of the institution. Surprisingly, this is not, as yet, in any law book in India.

The very definition of rape (section 375 of IPC) demands change. The narrow definition has been criticized by Indian and international womens and children organizations, who insist that including oral sex, sodomy and penetration by foreign objects within the meaning of rape would not have been inconsistent with nay constitutional provisions, natural justice or equity. Even international law now says that rape may be accepted a s the sexual penetration, not just penal penetration, but also threatening, forceful, coercive use of force against the victim, or the penetration by any object, however slight. Article 2 of the Declaration of the Elimination of Violence against Women includes marital rape explicitly in the definition of violence against women. Emphasis on these provisions is not meant to tantalize, but to give the victim and not the criminal, the benefit of doubt. The importance of consent for every individual decision cannot be over emphasized. A woman can protect her right to life and liberty, but not her body, within her marriage, which is just ironical. Women so far have had recourse only to section 498-A of the IPC, dealing with cruelty, to protect themselves against perverse sexual conduct by the husband. But, where is the standard of measure or interpretation for the courts, of perversion or unnatural, the definitions within intimate spousal relations? Is excessive demand for sex perverse? Isnt consent a sine qua non? Is marriage a license to rape? There is no answer, because the judiciary and the legislature have been silent.

Law Commission Report

Though the Law Commission in its 42nd Report advocated the inclusion of sexual intercourse by a man with his minor wife as an offence it was seen as a ray of hope. But, the Joint Committee that

reviewed the proposal dismissed the recommendation. The Committee argued that a husband could not be found guilty of raping his wife whatever be her age. When a man marries a woman, sex is also a part of thepackage. Many womens organizations and the National Commission for Women have been demanding the deletion of the exception clause in Section 375 of the Indian Penal Code which states that sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. However, the Task Force on Women and Children set up by the Woman and Child Department of the Government of India took the view that there should be wider debate on this issue. The mandate of the Task Force was to review all existing legislation and schemes pertaining to women. Of the four recommendations made by the Task Force vis--vis rape under the Indian Penal Code, the most significant pertains to the definition of rape. It took the position that the definition of rape ought to be broadened to include all forms of sexual abuse. As per the recommendation, the Law Commissions proposed definition of sexual assault could be adopted in place of the existing definition of rape in Section 375 IPC as it is wide, comprehensive and acceptable. However, like the Law Commission, the Task Force also stopped short of recommending the inclusion of marital rape in the new definition.

172nd Law Commission report

Even the 172nd Law Commission report which was passed in March 2000 had made the following recommendations for substantial change in the law with regard to rape. 1. Rape should be replaced by the term sexual assault.

2. Sexual intercourse as contained in section 375 of IPC should include all forms of penetration such as penile/vaginal, penile/oral, finger/vaginal, finger/anal and object/vaginal. 3. In the light of Sakshi v. Union of India and Others [2004 (5) SCC 518], sexual assault on any part of the body should be construed as rape. 4. Rape laws should be made gender neutral as custodial rape of young boys has been neglected by law. 5. A new offence, namely section 376E with the title unlawful sexual conduct should be created. 6. Section 509 of the IPC was also sought to be amended, providing higher punishment where the offence set out in the said section is committed with sexual intent. 7. Marital rape: explanation (2) of section 375 of IPC should be deleted. Forced sexual intercourse by a husband with his wife should be treated equally as an offence just as any physical violence by a husband against the wife is treated as an offence. On the same reasoning, section 376 A was to be deleted. 8. Under the Indian Evidence Act (IEA), when alleged that a victim consented to the sexual act and it is denied, the court shall presume it to be so. Notwithstanding the 172nd Report of the Law Commission of India submitted over nine years ago to the Government of India urging that Parliament should replace the present definition of rape under Section 376 IPC with a broader definition of sexual assault, which is both age and gender neutral, nothing has been done till date.

ARGUEMENTS TO REMOVE THE EXEPTION IN DEFINITION OF RAPE IN LAW:

There are now very few countries in the world which do not criminalise marital rape. Sadly, India is one of these few countries (the article identifies Malaysia as another such nation). Let us examine the position in India. Section 376 of the Indian Penal Code, which defines the offence of rape provides an exception for marital rape, as follows: Exception- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape. Activists for womens rights have long campaigned to have this exception repealed, and the issue was recently referred to the Law Commission of India.(For details about the campaigns to repeal the exception, see this recent articleby two law students which provides a useful overview of the issue, and also details some countries and international conventions that have outlawed the practice). In its 172nd Report (dated March 2000), the Law Commission of India tackled the issue of marital rape while addressing other proposals for reforming the provisions relating to rape. The treatment accorded appears to be extremely superficial as is evident from the Law Commissions summary dismissal of the proposed reform: "Representatives of Sakshi [the womens organisation which litigated the issue of reforming Indian penal laws relating to offences against women] wanted us to recommend the deletion of the exception, with which we are unable to agree. Their reasoning runs thus: where a husband causes some physical injury to his wife, he is punishable under the appropriate offence and the fact that he is the husband of

the victim is not an extenuating circumstance recognised by law; if so, there is no reason why concession should be made in the matter of offence of rape/sexual assault where the wife happens to be above 15/16 years. We are not satisfied that this Exception should be recommended to be deleted since that may amount to excessive interference with the marital relationship." (Emphasis added) It would be interesting to consider how, in a hypothetical challenge to the constitutionality of the marital rape exception to Section 376, the Supreme Court would react to the citation of the Mexican courts judgement outlawing marital rape. On the face of it, the Indian Supreme Court, which has a long history of engaging with foreign and international law, should have no trouble in engaging with the Mexican judgment, and following through on its rationale. As a recent study demonstrates, the Supreme Court of India has referred to foreign law in a large number of cases. Therefore, the Court should have no difficulty in accepting the reasoning of the Mexican Supreme Court as the judgment was rendered in the context of a society which has many factors in common with India. In addition, many other nations have taken the decision to criminalise marital rape, and this position is also mandated by applicable international conventions and treaties. However, the practice of relying upon foreign law is not as uncomplicated as an initial consideration of the issue would suggest. Rajeev Dhavan has noted that the Supreme Courts reliance on western jurisprudence during the first 25 years of its existence led to several problems (Rajeev Dhavan, The Supreme Court of India: NM Tripathi, 1977 at pages 454-55 and 461). According to Dhavan, the early Indian Supreme Court judges approached very many issues before them from the alien standards of western

jurisprudence.Dhavan avers that this was especially so in cases relating to property and land reforms, which ultimately led to the failure of successive laws and governmental actions to achieve meaningful land reforms. Dhavan further asserts that it was because of such a slavish attitude towards western jurisprudence that Indian judges adopted a passive attitude towards preventive detention laws, as well as personal law matters. There are some problems with this hypothesis. Surely the fact that the results dictated by western jurisprudence were aligned with the interests of the classes from which Supreme Court judges were drawn, may have had something to do with the phenomenon? Seen from this perspective, Indian judges were not, as Dhavan suggests, nave, overworked people acting under the influence of imitative cosmopolitan habits, but were actually strategic and instrumental actors working towards ends that benefited them and their class. The current argument against the application of foreign and international law in India would be along the lines argued by the Law Commission of India: that criminalizing marital rape would amount to excessive interference with the marital relationship. This argument smacks of cultural relativism, and amounts to saying that Indian men have a right to expect sexual intercourse on demand, regardless of the consent of their spouses. As various studies highlight, the issue is not simply of whether their spouses consent: there are documented cases where men have inflicted grave forms of sexual violence upon their wives and have availed of this provision to get away. Defenders of the exception would have to make a convincing case in light of documented studies which indicate that the extent of marital violence and rape in India are at extremely high levels. Faced with such a situation, the continuing condoning of the practice by the law would be difficult to justify.

Suggestions for reform

In light of the above discussion following suggestions are made:

The most serious problem in criminalizing marital rape would be that it presupposes that the family structure is disturbed. India is said to have a social order characterised by a strong familial ties and a low divorce rate. Hence, criminalisation of family problems would only result in the complete breakdown of a home. Indian culture is vastly different from Western society where marriage is a contractual and temporary phenomenon. Considering the sensitive- nature of the problem these types of offences could be dealt with by the family courts. Marital rape should be recognized by Parliament as an offence under the Indian Penal Code. The punishment for marital rape should be the same as the one prescribed for rape under Section 376 of the Indian Penal Code. The fact that the parties are married should not make the sentence lighter. It should not be a defence to the charge that the wife did not fight back and resisted forcefully or screamed and shouted. The wife should have an option of getting a decree of divorce if the charge of marital rape is proved against her husband. Though a case of marital rape may fall under cruelty or rape as a ground of divorce, it is advisable to have the legal position clarified.

Demand for divorce may be an option for the wife, but if the wife does not want to resort to divorce and wants to continue with the marriage then the marriage should be allowed to continue. Corresponding changes in the matrimonial laws should be made.

Conclusion
Women continue to cry in their hearts and pray for a better married life where they have a say, where they both are happy. But the sad part is even today marriage is not about them and so a woman is denied rights, is caged, can scream but shouldnt be heard, can cry but shouldnt be seen, is raped and shouldnt be a victim. Ironical as it is, but something such as marital rape should be acknowledged as no less a crime. Just because a woman leaves her own house to live in with her husband doesnt mean she leaves behind her dignity, her right to humanity and her emotions. It should be accepted by one and all that institution of marriage does not thrive on sex and the fear of frivolous litigation should not stop protection from being offered to those caught in abusive traps, where they are denigrated to the status of chattel. Apart form judicial awakening; we primarily require generation of awareness. Men are the perpetrators of this crime. Educating boys and men to view women as valuable partners in life, in the development of society and the attainment of peace are just as important as taking legal steps protect womens human rights, says the UN. Men have the social, economic, moral, political, religious and social responsibility to combat all forms of gender discrimination.

If only struggle for gender justice is developed, the movement will change public consciousness, sensitize individuals to the issues that dont just confront woman but society.

REFERENCES:
BOOKS: Women And Violence - Dr. Sushmita Srivastava Women And The Law Dalbir Singh Justice For Women Justice A.S.Anand WEB SITES LINKS: http://www.independent.co.uk/news/world/asia/indiaabolishes-husbands-right-to-rape-wife-421829.html http://www.indialawjournal.com/volume2/issue_2/article_by_ priyanka.html http://jurisonline.in/2010/09/marital-rape-in-india/ http://www.ebc-india.com/lawyer/articles/645.htm