The Legal Comparison on The Law Governing Marital Rape in India, Malaysia and Singapore

Harry Anak Jeubelie, Rozlinda Mohamed Fadzil, Nuramira Athirah Shafizan, Arrissa Adnan

Abstract


ABSTRACT
The legal comparison of marital rape laws in India, Singapore, and Malaysia reveals significant contrasts in how these countries address the issue within their legal frameworks. In India, marital rape is not explicitly recognised as a crime under the Indian Penal Code, leading to ongoing debates about women's rights and the need for legal reform in domestic laws. The judiciary often faces challenges in addressing this issue due to the limited interpretation of constitutional rights. Additionally, societal and cultural norms continue to influence the legal landscape. Besides, Malaysia presents a mixed approach. While the law criminalizes sexual offenses, including marital rape, enforcement and societal attitudes can hinder the effective prosecution of such cases. The legal framework is shaped by both Civil and Islamic laws, which can complicate the understanding of consent and victim rights. Meanwhile in Singapore, marital rape is recognised as a crime under the penal code, reflecting a progressive stance towards protecting individual rights within marriage. The law, however, includes specific marital exemptions, which have been subject to criticism and calls for reform to fully address the complexities of consent within marriage. This study employs a library research method to gain deeper insights into the issue being examined. Overall, these three countries illustrate a spectrum of legal recognition and societal attitudes towards marital rape, highlighting the need for greater awareness and legal reform to protect victims' rights and ensure justice. The comparison emphasizes the importance of considering cultural, social, and legal contexts in discussions of marital rape legislation.
Keywords: marital rape; India; Singapore; Malaysia; legal frameworks; consent, victim’s right; justice, reforms; cultural context


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References


REFERENCES

Apoorva Ramaswamy, ‘Anti-Rape Laws in India Prior to the Criminal Law Amendment Act 2013’ p 1.

Ashvin Hariharan, Simran Kaur Sandhu, Leong Zhen Yang, & Sharifah Nabilah Binte Syed Omar. (2023, October 20). Sexual assault involving penetration. IRB Law Singapore

Association of Women for Action & Research. (2006). Position Paper on The Proposed Amendments to the Penal Code Submitted by the Association of Women for Action and Research (aware)

Balasingam, Usharani, & Sabaruddin, Johan Shamsuddin (2015). Section 375 exception, Explanations and Section 375A Malaysian Penal Code Legitimising Rape Within Marriage: Call for Reform. Journal of Malaysian and Comparative Law, 42(2), 69-98.

Convention on the Elimination of All Forms of Discrimination against Women.

Christine Mwanukuzi and Tumaini Nyamhanga, (2021), It Is Painful and Unpleasant: Experiences of Sexual Violence Among Married Adolescent Girls In Shinyanga, Tanzania, 18:1 Reproductive Health, 1.

Diana H. Russell, Rape in Marriage 2nd ed. Indiana University Press, Bloomington, 1990. Domestic Violence (Amendment Act) Act 2012.

Domestic Violence (Amendment Act) Act 2012.

Federal Constitution of Malaysia.

Geneva Academy of International Humanitarian Law and Human Rights, The Situation of Women 's Rights 20 Years after the Vienna World Conference on Human Rights-Academy in-Brief No. 4 (June, 2014).

Gupta, Siddharth, Kalra, Vanshita, & Ranjan, Ruchika, ‘Sexual Offences: Critical Analysis of Section 375 of the Indian Penal Code’, (2021) Jus Corpus Law Journal.

Indian Penal Code 1860. In marital rape, proving lack of consent a “complicated” issue, lawyers say.

Joar Svanemyr, Venkatraman Chandra-Mouli, Charlotte Sigurdson Christiansen and Michael Mbizvo, (2012), 'Preventing Child Marriages: First International Day of The Girl Child "My Life, My Right, End Child Marriage"', 9:31 Reproductive Health, 1

Jolene Tan, M. W. (2021, May 25). An end to marital immunity for rape in Singapore?. New Naratif.

Kelly C. Connerton, (1997-1998), 'The Resurgence of the Marital Rape Exemption: The Victimization of Teens by Their Statutory Rapists', Albany Law Review 61 Alb. L. Rev 237.

Low Jun-Lim Steven. (2017). An Analysis of The Marital Rape Exemption in Singapore.

Lydia Lam. (2023, October 10). Husband on trial for sexually assaulting his wife. CNA.

Malaysia, Parliamentary Debates, House of Representatives (22 March 1989), (Tan Sri Dato' Mohamed Zahir Bin Haji), 2158. Retrieved from:http://www.parlimen.gov.my/files/hindex/pdf/DR-22031989.pdf

Malaysia, Parliamentary Debates, House of Representatives, (12 July 2006), (Tan Sri Dato Seri Diraja Ramli bin Ngah Talib).

Media, A. (2018, October 10). Aware welcomes repeal of marital rape and suicide decriminalisation, recommends clear definition of consent and comprehensive public education

Muhammad Endriyo Susila, (2013), 'Islamic Perspective On Marital Rape', 20(2) Jurnal Media Hukum 327-328.

Nor Aini Abdullah, "Domestic Violence Act: An end to a Nightmare?", Malayan Law Journal, 1995

Parliamentary Debates Singapore: Official Report, vol 83 at col 2175 (22 October 2007)

Patel, Krina, ‘The Gap in Marital Rape Law in India: Advocating for criminalization and social change’, (2019), Fordham International Law Journal, 42(5).

Pavitra Kalaiselvan (2022) A Comparative Study of Marital Rape Laws in Malaysia, Indonesia and Singapore: Towards Safeguarding Child Brides, eJournal UM.

Penal Code (Act 574).

Penal Code (Amendment) Act 1989 (Malaysia).

Penal Code (Amendment) Act 2006 (Malaysia).

Randall, Melanie, Koshan, Jennifer, Nyaundi, Patricia (2017). The right to say no: Marital rape and law reform in Canada, Kenya, Ghana and Malawi.

Raveena Rao Kallakuru, Pradyumna Soni, ‘Criminalisation Of Marital Rape In India: Understanding Its Constitutional, Cultural And Legal Impact’ (2018) [11] NUJS Law Review.

Rea Savla, ‘Trapped in Tradition's Prison: Why India is Not Ready to Criminalize Marital Rape’, https://bpr.berkeley.edu/2015/10/29/, (30 May, 2024).

Read “understanding violence against women” at nap.edu. 4 Prevention and Intervention. Understanding Violence Against Women. The National Academies Press.

Renae Sullivan, ‘Sexual Violence in India: The History of Indian Women's Resistance’ (2015) [11] 71 MCNAIR J p 3.

Siddharth Mehta, ‘Rape Law in India: Problems in Prosecution Due to Loopholes in the Law’ [2013] https://ssrn.com/abstract=2250448 (30 May 2024).

Singh, Shreya, & Kar, Anshuman, ‘Marital rape and the indian penal code’, (2021) Legal Lock Journal, 1(2).

Shad Saleem Faruqi, Document of Destiny The Constitution of the Federation of Malaysia, Star Publications (Malaysia) Bhd, 2008, p. 267. Singaporean Penal Code 1871.

Solaiman, S. M. (2023). Physical Elements of Rape under the Core Criminal Laws of Malaysia, Singapore, Pakistan and Australia: A Comparative Review. Journal of Law, Policy and

Globalization, 132(0),1–30. https://www.iiste.org/Journals/index.php/JLPG/article/view/60930/62900

Tan, J., Chi, W. P., Wong, M., & Bookmark,. Commentary: What took us so long to move against marital immunity for rape?. CNA.

The Human Dignity Trust - changing laws, Changing Lives Interactive Tool. Human Dignity Trust.

Women's Aid Organisation Policy Brief (October 2018), 'Marriage Not a License to Rape'. Retrieved from: '

nd Report on Review of Rape Laws. March, 2000. D.O.No.6(3)(36)/2000_LC(LS).


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