Q.1 India is one of the only 36 countries where marital rape is still not criminalized. Do you think it is high time to criminalize marital rape in India? (10 Marks)

Mentor’s Comments-

  • In introduction, define ‘marital rape’.
  • In the body, give arguments in favour of criminalizing marital rape in India.
  • Also, list down few arguments against criminalizing marital rape.
  • Write a way forward.
  • Conclude by mentioning the need to curb this menace by criminalizing it.

Comments

16 responses to “Q.1 India is one of the only 36 countries where marital rape is still not criminalized. Do you think it is high time to criminalize marital rape in India? (10 Marks)”

  1. abhishek mishra Avatar
    abhishek mishra

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    1. Staff @CD Avatar
      Staff @CD

      Abhishek

      In introduction you haven’t mentioned MARITAL rape and in next part you are talking of criminalizing ‘it’ (what?)
      Data given is fine but also mention in one line about marital rape.
      Arguments in favour of criminalizing marital rape are good, after that also mention the point of view on why it has not been criminalized yet. Effort should be made to present both sides of the argument in an objective way.
      You can talk about sanctity of marriage (should not be excessively interfered), potential for misuse of such law, difficulty in establishing, contradictory to family law etc
      Conclusion is fine.
      Keep practicing. 🙂

  2. yogesh kotwal Avatar
    yogesh kotwal

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    1. Staff @CD Avatar
      Staff @CD

      Yogesh

      Introduction is fine. Structuring of the answer is good, content is also decent but value addition needs to be done. Handwriting improvement is also required.
      In arguments in favour of criminalizing marital rape, you can talk about fundamental rights of women (Ar 14, 19, 21); empirical data (NFHS-5 data shows that married women face sexual violence in large – they are 17 times more likely to face sexual violence from their husbands) is also a strong argument in favour of criminalization. Further, international obligations (CEDAW) can be mentioned too.
      Arguments against criminalization are decent.
      In conclusion, you can add the views of Justice Verma committee, which argued that relationship between the victim and accused should not be relevant in cases of rape.
      Keep practicing. 🙂

  3. Pallab Banerjee Avatar
    Pallab Banerjee

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    1. Staff @CD Avatar
      Staff @CD

      Pallab

      Good attempt.
      Content and arguments are fine, some value addition can be done by mentioning factual aspects- for example the empirical evidence (NFHS-5 data shows that married women face sexual violence in large – they are 17 times more likely to face sexual violence from their husbands) can be mentioned and argued that it points towards criminalizing marital rape.
      Further, you can talk about India’s obligations under The Convention on the Elimination of All forms of Discrimination Against Women (CEDAW).
      In arguments against, Law Commission 172nd report which argued that criminalizing it would be an excessive interference in the institution of marriage. Hale’s Doctrine and the Doctrine of Coverture which proclaim the husband and wife to be one person after marriage can also be mentioned.
      Introduction and conclusion are good. In conclusion, you can use views of Justice Verma committee, which argued that relationship between the victim and accused should not be relevant in cases of rape to substantiate your views.
      Keep practicing. 🙂

      4.5/10

  4. Rao Avatar
    Rao

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    1. Staff @CD Avatar
      Staff @CD

      Rao

      Good attempt.
      Content and presentation are good. Do some value addition at places.
      For example, in arguments in favour of criminalizing you can mention empirical evidence (NFHS-5 data shows that married women face sexual violence in large – they are 17 times more likely to face sexual violence from their husbands); India’s obligations under The Convention on the Elimination of All forms of Discrimination Against Women (CEDAW).
      In points against criminalizing, you can talk of Law Commission report which said that it would amount to excessive interference in the institution of marriage.
      In conclusion, you can argue in favour of criminalizing backed by Justice Verma committee recommendations.
      Other points in the answer are good.
      Introduction and conclusion are fine.
      Try to mention reports, recommendations etc in answers if relevant.
      Keep practicing. 🙂

      4.5/10

  5. BROODLIN SELVINI Avatar
    BROODLIN SELVINI

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    1. Staff @CD Avatar
      Staff @CD

      Hello

      Good attempt.
      You have written well. Most of the areas are addressed. Presentation is also fine.
      Introduction is decent.
      In the arguments for criminalizing, good points are mentioned. For value addition, you can give the empirical evidence (NFHS-5 data shows that married women face sexual violence in large – they are 17 times more likely to face sexual violence from their husbands) and talk about India’s obligations under The Convention on the Elimination of All forms of Discrimination Against Women (CEDAW).
      The other point of view is also well written. Law commission considered as ‘excessive interference’ in the institution of marriage which can be mentioned in the last point.
      Conclusion is fine. You can back it by mentioning about Justice Verma committee recommendations.
      Keep practicing. 🙂

      4.5/10

  6. megha kanapala Avatar
    megha kanapala

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  7. Gopinath Sahoo Avatar
    Gopinath Sahoo

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    1. Staff @CD Avatar
      Staff @CD

      Gopinath

      Decent attempt.
      Introduction is good.
      After that your answer seems dealing with broad topic of violence against women. Stick to arguments for and against criminalizing marital rape.
      Broad dimensions of your answer are good. Points such as against Ar 21, patriarchy are good. You can give specific empirical evidence against marital rape (NFHS-5 data shows that married women face sexual violence in large – they are 17 times more likely to face sexual violence from their husbands) and talk about India’s obligations under The Convention on the Elimination of All forms of Discrimination Against Women (CEDAW).
      In points against criminalizing, you can talk of Law Commission report which said that it would amount to excessive interference in the institution of marriage. Plus the institution of marriage might be destabilized – you can mention these things as area of concern. Misuse of the law is also a good point that you have mentioned.
      In conclusion, you can use views of Justice Verma committee, which argued that relationship between the victim and accused should not be relevant in cases of rape to substantiate your views. Otherwise, you have written a decent conclusion.
      Keep practicing.🙂

      3.5/10

  8. gayatrisehgal2002 Avatar
    gayatrisehgal2002

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    1. Staff @CD Avatar
      Staff @CD

      Gayatri

      Please mention your reference ID along with the answers.
      Whatever you have written is good, but the answer is a bit incomplete.
      You need to objectively analyze both points of view (as marital rape has not been criminalized yet, there must be some reasons) and then come to a conclusion.
      Introduction is fine.
      In arguments in favour of criminalizing, you have written well. Other points that could be added are empirical evidence (NFHS-5 data shows that married women face sexual violence in large – they are 17 times more likely to face sexual violence from their husbands); India’s obligations under The Convention on the Elimination of All forms of Discrimination Against Women (CEDAW).
      In points against criminalizing, you can talk of Law Commission report which said that it would amount to excessive interference in the institution of marriage. Plus the law can be misused, institution of marriage might be destabilized – you can mention these things as area of concern.
      In conclusion, you can use views of Justice Verma committee, which argued that relationship between the victim and accused should not be relevant in cases of rape to substantiate your views. Otherwise, you have written a decent conclusion.
      Keep practicing. Try to back your arguments by mentioning facts, reports, recommendations etc. 🙂

  9. Arjun Sheoran Avatar
    Arjun Sheoran

    pay_KaRyPM2bJjqanb Staff@CD

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