Marital Rape in India: A Silent Epidemic
“Marriage is a sacrament, not a sanction for violence; the Constitution must ensure that every individual’s right to bodily integrity and consent is respected, regardless of marital status.”
The Alarming Reality
– 32% of married women in India face physical, sexual, or emotional violence by their husbands.
– 82% of married women who have experienced sexual violence say their current husbands were the perpetrators.
The Law: A Barrier to Justice
– India is one of over 30 countries where marital rape is not a criminal offense.
– The Indian Penal Code, which has been in existence since 1860, exempts marital rape from being classified as a crime.
Arguments Against Criminalizing Marital Rape
– Misuse of law: Some argue that criminalizing marital rape would lead to false accusations and misuse of the law.
– Burden of proof: Others argue that it would be difficult to prove marital rape, as intercourse is a part of any marriage.
– Gender neutrality: Some argue that making the definition of rape gender-neutral would not address the issue of marital rape.
The Need for Change
– “We need to criminalize marital rape. The wife not getting justice after such a gruesome incident deserves a nationwide campaign, which is not born of anger but is serious and well thought out,” says Chauhan.
– “To watch this man walk away is unacceptable. This judgment may be correct legally, but it is ethically and morally abhorrent.”
Questions to Ponder
– Can a country that claims to be progressive and just continue to deny women the right to bodily autonomy?
– Is it not time for India to reconsider its laws on marital rape and ensure that married women are entitled to the same rights and protections as all citizens?
The Way Forward
– Raise awareness: Educate people about the issue of marital rape and its implications.
– Demand change: Push for legislative reforms that recognize marital rape as a crime.
– Support survivors: Provide a safe and supportive environment for survivors of marital rape to share their stories and seek justice.
Author(s) – Mona Mishra & Aadya Chauhan, Third Year BA-LLB, SOA National Institute of Law
Interns, Kar & Associates, Bhubaneswar