Did you know India is one of the few 36 countries that hasn’t criminalized marital rape yet?
India is a land where women are called goddesses and pedestalized as ever-nurturing and sacrificing figures, but the same country doesn’t take a second to push them off this pedestal.
Women are raped on the streets, moving vehicles, workplaces, and even in their own homes. The heinous crime has a punishment in the eyes of the law except when it’s the husband raping the wife. It is called marital rape when a man forcefully indulges in a sexual act with a woman, who is legally his “wife” without her consent.
Many men or predators, as they should be called, consider marriage a license to rape their wives. As per the data, approximately 10–14% of women are raped by their husbands. This is the statistics we know about women who have reported such incidents. There are still many women out there who choose to keep silent because they are scared. In India, the family’s honor is put on the shoulders of women who tolerate all kinds of prejudices in order to protect it.
“The Indian Penal Code of 1860 communicates that in a marriage there is implied consent for sexual intercourse, which cannot be said otherwise. Section 375 of the IPC states that penetration sans informed consent would be categorised as rape. However, Exception 2 to the same section discriminates against married women by refusing them equal protection from rape and sexual harassment.”
In a recent ruling in the Chhattisgarh high court, Justice NK Chandravanshi ruled that the sexual act performed by the husband is not rape, even if it is forced. In the case at hand, “The judge said charge under IPC section 376 (rape) against the man was erroneous and illegal.” The lack of a law against marital rape has allowed the rapists to walk free.
(Image: Law Corner)
On a better note, the Kerala High court delivered a landmark judgment where it declared marital rape as a valid ground for divorce. The case involved a husband who forced his sick wife to have intercourse with him. The Division Bench comprising of Justice Kauser Edappagath and Justice A Muhamed Mustaque opined that “husband’s licentious disposition disregarding autonomy of wife is marital rape”. The court held that although the Indian law doesn’t penalize marital rape, it cannot deter them from considering it as an act of cruelty and granting a divorce. This was a small ray of hope for the women across the country, but not enough to protect their interests and prevent men from treating their wives as sexual objects with no authority or consent.
Article 21 of the Indian Constitution states that “no person shall be denied his life and personal liberty except according to the procedure established by law.” Exception 2 violates Article 21 when it fails to protect the wives from sexual violence perpetrated by their husbands that have detrimental effects on their physical and mental health.
Marital rape is not criminalized in India even though the country is a signatory of the United Nations Convention on the Elimination of all Forms of Discrimination against Women that the act should be criminalized and this sort of discrimination is a clear infringement of the law of equality and human dignity. Recently, the Justice Verma Committee and the 42nd Law Commission report have urged to criminalize it. However, no action has been taken by the government in this regard, which is extremely disappointing, especially given that India tops the charts in incidents of rape, domestic, and sexual violence.
When a woman is raped by a stranger, she has to live with the trauma she experienced, but the same thing is done by her husband, she has to live with him for the rest of her life. There have been cases where the victim is asked to marry her rapist in order to hide the shame her rape brings to the family. The man now has a free pass to rape her over and over again, which is beyond sickening. Marital rape may cause STDs as the man often has multiple partners and also unwanted pregnancies. The woman is forced to bring up the child in an abusive environment where both mother and child suffer.
Consent is important in all forms of relationships, including marriage. Sexual intercourse without consent is rape, even if it happens in marriage. It’s high time the Indian law should criminalize marital rape to protect the rights of women stuck in sexually and physically abusive relationships. There is a need to eliminate Exception 2 of Section 375 to secure the interests of women. The Supreme court and the government should work together to make the right laws in the matter. This can also help change the regressive mindset of the society that ill-treats women and considers marital rape no big deal.
How To Prevent Marital Rape?
1. The first step in preventing marital rape is to recognize it for what it is. It’s rape, not sex. Many women remain in sexually abusive marriages because they believe it is not rape but rather their husbands exercising their rights on their bodies. They must be made aware of the concept and encouraged to speak up and come forward to report such incidents.
2. Families and in-laws must support the woman’s decision and stop the husband from committing the heinous act. Although most Indian parents overlook their daughters’ and daughters-in-law’s suffering by calling it their “marital duty,” if they make an effort to understand, it can help protect her.
3. If a woman thinks she is unable to report or communicate with her parents, she should confide in a friend or acquaintance who can assist her. They can offer support and help to get out of the situation. Remember, it is not part of your marital responsibilities, and women are not their husband’s property or anybody’s, for that matter.
Women have been the receiving end of prejudices since time immemorial. One of these prejudices is sexism that starts in our own homes. Read this blog to know more about it. You can also check our other blogs on the website.
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Image credits: Google