Kar & Associates

Behind Closed Doors: The Dark Secret of Indian Marriages

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

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