Marital rape, which refers to a spouse's coercion for sexual intercourse regardless of consent, appears to violate the principles of a marriage relationship hence it poses a great risk. Traditionally marital unions have often been viewed as an arrangement that to a great extent provides for the spouses' unending sexual activities. However, this view has undergone scrutiny as society has accepted that consent for sex should be given willingly, always and freely even within marriage. Hence, the issue of violence against women is neither only a crime nor only a public health matter but resides at the boundary of violence against women and violation of human rights[1].

Some countries have made great progress in accepting and recognizing this conduct as a criminal offense. On the other hand, many others like India still harbour sunk legal provisions which endorse impunity against marital rape and therefore extension of gender discrimination. This article contains the legal provisions on marital rape in various countries, its implications on women, its classification as a violation of human rights, and discussions on its prosecution which is ongoing globally.

Legal Framework
The status of the marital rape laws is with enormous discrepancies among countries due to the differences in cultural, social and legal spheres.

India
Late in India, the issue concerning the criminalization of marital rape has generated a lot of debate. The definition of rape under Section 375 of the Indian Penal Code (IPC) states, is the act of sexual violence where a woman does not give her consent. However, there is one condition that is important to highlight here – if a man happens to have a sexual intercourse with the woman above the age of eighteen who is his wife one cannot sue for rape against him. This exemption has its basis in archaic legal principles which viewed marriage as a transaction so that once a wife accepts her husband it implies that she concedes all sexual relations and this is operative for life.

On the other hand, the Indian judicial system has improved slowly but steadily. The Supreme Court of India in Independent Thought v. Union of India (2017) held that sexual intercourse with a wife who is 18 years or lesser than that age is an offense of rape. This case featured a historically significant judgment for the protection of the sexual rights of child brides, but sadly did not offer any solution to the problem of marital rape to adult women. The continued existence of this exception remains one of the most irritating Achilles' heels in any legislation in India concerning Women's Rights[2].

Certain legal experts and activists in India still advocate for the removal of the exception concerning marital rape. They argue that such a law regards married women as inferior and perpetuates wrong cultural practices that deny a woman control over her own body in a marriage relationship[3]. However, despite the increasing public debate on the issue, attempts to pass a bill making it illegal to rape one's spouse have met the opposition of several political, religious and sociocultural groups who regard such reforms as a threat to the family institution.

Global Context
While marital rape remains a work in progress in India, there are Western countries that have gone overboard in this legal area. Countries that make up the United States of America, and or United Kingdom, Canada, and most of the European countries treat marital rape just as any other form of rape, and so, it has been fully criminalized in all those countries. Such laws have been derived by principles of self-determination, and gender equity, which argues that marriage ought not to erase one's independence to say no.

In the UK it was in 1991 that the first law was passed to prohibit marital rape, following the case of R v R,[4] where it was decided that a husband may be charged with rape of his wife, contrary to the established belief over several ages; that husbands couldn't face charges of raping their wives under common law. Likewise, in the USA, marital rape laws started being in place late in the 20th century but one state didn't follow suit until 1993 when the last repeal came in.

Global norms, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), have been significant in the attempts to recognize and define marital rape as a crime in various states. Vivas S. The CEDAW Committee regularly encourages the state parties to these Conventions to repeal all provisions that permit examples of marital rape to go unpunished and to ensure that legal provisions are made equally available to all and not just married women[5]. However, there are still countries in which the act of marital rape is either partially criminalized, or not regarded as criminal offense at all.

In particular, some society in the Middle East, places of Africa or countries in the Southeast Asia, buy the idea that there is no such thing as martial rape because the cultural and religious norm is that family honour and responsibilities of marriage come before the rights of a person. In such cases, change through legislative efforts is painstakingly gradually and normally needs others changes in the society in addition to the legal changes.

Social Implications
The impact created by marital rape cannot be felt solely on the individual victim because it has general societal effects on attitudes about women, marriage, and violence. There are cultures, especially in many of the patriarchal societies, where a woman is considered to 'owe' her husband sex and that makes a culture of marital rape acceptable. This patriarchal outlook is at times supported by some aspects of culture or religion that emphasize the sanctity of marriage and the subordination of women.

For that reason, reporting of spousal sexual rape seems to be extremely low in societies in which women are taught to take whatever their husbands dish out as part of their duties as wives. Disclosing that a person has been sexually assaulted by their partner is undoubtedly stigmatizing, and particularly[6], is associated with the dread of socially induced shame, which suffocates a number of victims. There are societies where divorced women are looked down upon, hence the fear of losing financial, and/or child custody further prevents women from speaking out or legal action.

What's more, a large proportion of the women do not even consider themselves victims of marital rape since they have internalized the norm that once married, there is no need for the husband's consent. This barely existent awareness combined with the absence of legal recourse for spouses helps cover up the issue of spousal rape, resulting in untreated violence against women for many.

Human Rights Perspective
One act of rape is not solely a criminal act rather it is a disregard for the most basic of all human rights. It is a violation of the rights to bodily integrity, dignity, and liberty of persons to which all international instruments on human rights afford protection. The world body through its various agencies and documents such as CEDAW and the Universal Declaration of Human Rights has classified sexual violence including marital rape as one of the forms of violence against women which counties undertook to eliminate and make punishment for offenders.

Scholar and activists like those of the World Health Organization(WHO) and Amnesty international have also stigmatized marital rape as a public health issue due to its traumatic effects to the suffers. Trauma may be the most severe experienced by the victims of marital rape even when such physical violence is absent. Their physical ill health may include unwanted pregnancy[7], STI and even injuries caused by violent sexual practice.

According to human rights advocates, there are countries that commit violations of women's rights since they do not criminalize marital rape. These activists work for reforms in legislation, raise awareness at the societal level, and help construct systems of support for the victims.

Arguments for Criminalization
Elements of criminalizing marital rape offer several key arguments:

• Human Rights Protection: There is a right to agree to engage in sexual activity and this right should be protected. The crime of rape within marriage ensures that an individual retains rights to their body even within the context of marriage.
• Psychological and Physical Well-being: Rape within marriage has been criminalized since the wife is considered property and violence too much destruction would take place in the relationship. It allows the victims to fight back and gain some more respect and understanding within the society regarding the abuse's effects on the mental and physical well-being of the people in the long run.
• Legal Equality: Submission of General and Special Defense for Operate Command (ODS) - Marital rape amendments invite an unequal treatment of women and create a social slightly different for married women from unmarried women. Where there is criminalization, it means that all persons whether married or single are equal before the law.

Arguments Against Criminalization

• Preservation of Family Structure: Some people do oppose the imposition stating that making marital rapes illegal would lead to a rise in the rate of divorces or other family breakdowns. To them, the issue of marriage is personal, and should not be subject to the justice system.
• Proof Challenges: In close relationships, it may be difficult to demonstrate lack of consent which could result in wrongful convictions or unjust persecution. Some argue that the law may not necessarily be the most appropriate means of dealing with issues concerning marriage.

Case Studies and Data
Criminalization of marital rape in numerous nations points towards an increasing trend in reporting and prosecuting the crime. For instance, in the case of the United States, studies have indicated that since the criminalization of marital rape, more women have been able to come forward with the crime, on the other hand underreporting is still an issue. However, there have also been legislative changes that have improved the networks available to the victims, for example, agencies providing therapy and legal aid services.

Recent Developments
We could, however, illustrate reasons why domestic activism against marital rape should be welcomed postponement in such nations as India where feminist movements and legal scholars are still pressing for change. Campaigns aimed to educate have been helpful in changing the attitudes of the population, albeit the changes in law have taken a slow pace.

Conclusion
Marital rape is a fundamental issue within the intersection of law, society and human rights. Most countries now report some progress as regards the legal frameworks towards the prohibition of this form of violence; however, some-India, for instance – still need to grapple with legal systems that defend the institution of marriage and its rape. The development of legal and public attitudes that treat external violence against a spouse as an offense will take time to achieve. However, efforts should be made to ensure that all individuals irrespective of their marital status are free from unwanted sexual advances. Elimination of marital rape and full respect of women's rights can only be achieved by changing the law, supporting the society, and shifting social perceptions.

End Notes:

• Randall, M., & Venkatesh, V. (2015). The right to no: The crime of marital rape, women's human rights, and international law. Brook. J. Int'l L., 41, 153.
• Patel, K. (2018). The gap in Marital Rape Law in India: Advocating for criminalization and social change. Fordham Int'l LJ, 42, 1519.
• Ryan, R. M. (1995). The sex right: A legal history of the marital rape exemption. Law & Social Inquiry, 20(4), 941-1001.
• Yllö, K., & Torres, M. (2016). Understanding Marital Rape in Global Context. Marital Rape: Consent, Marriage, and Social Change in Global Context Oxford, 1-8.
• Turkey, F. A., Indonesia, S. A., de Escoto Honduras, M. M. F., France, F. G., & Cuba, M. Y. F. G. (2000). Convention on the Elimination of All Forms of Discrimination against Women.
• de Ávila, T. P. (2018). Facing domestic violence against women in Brazil: advances and challenges. International journal for crime, justice and social democracy, 7(1), 15-29.
• Woldu, T. H. (2017). Human rights of women and the phenomenon of marital rape in Ethiopia: a critical analysis (Doctoral dissertation, Global Campus).