The 162-year-old Victorian law needs to be amended. The voice of women is echoing in every corner of the country; these are women who face its wrath every day, and also by those who are scared to move towards the possibility of it in the future.
Yes, I am talking about the criminalisation of marital rape by law, that got a split decision at the High Court of Delhi. Section 375 of the Indian Penal Code defines and gives seven notions of consent, which if violated would be considered rape.
However, a major exception here is the clause that says: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.”
Amidst the debate between the two judges, it is important that we deconstruct and analyse the matter in a greater depth. The idea that marital rape cannot be criminalised creeps out from the notion of a woman’s body being a sexual object for a man.
Post marriage, he has full access to it, irrespective of her consent. This, however, deprives a woman of her basic rights to equality and live life in a dignified manner.
Is Indian Society Truly Equal And Modern?
In order to understand the marital rape situation, we need to clarify certain circumstances under which marriage takes place in India even today, and the male-female relationship structure that exists in our country.
One prominent reason for this mindset is the lack of equality in marriage. Even if we claim to be moving towards a more “progressive”, “equal” and “modern” society, our steps towards it are rather slow.
Irrespective of urban or rural areas, the institution of marriage in India, with all the system of dowry, gifts and rituals, sets the man on a higher pedestal, and women are instructed to be accountable to him, and keep him happy in every possible way.
The notion of a man being the provider for his wife, makes him believe that he has full access to her mind and body. Sex is then an obligation that she needs to fulfill. Any form of resistance is met with severe consequences.
The question here is that if we understand that domestic abuse is a punishable act under Section 375, how is rape an exception? The institution of marriage does not guarantee a man full rights over a woman sexually, especially without consent.
“Abuse In Any Form Can’t Be Justified”
What we fail to realise is that rape is a horrific blend of mental and physical trauma! The suppressed trauma in a woman leaves its mark for life. This is not something dictated by their age or marital status.
Rape is equally traumatic for a married or an unmarried woman. Separating the crime on the basis of any such criteria fails to guarantee the right to equality of women.
The defenders put forth two imminent clauses to protect the exception in law that excludes marital rape from being counted as rape. According to the current government, this can destabilise the institution of marriage and be used for harassing husbands.
As I am opposed to this, I would like to claim that the institution of marriage stands upon mutual companionship, equality and respect. Abuse in any form cannot be justified.
If the husband fails to understand the basic concept of consent, the grounds of a stable marriage in it stands null and void. Harassing husbands and false charges might look like valid claims on the face of it, but the mushrooming cases of marital rape say otherwise.
“Women Are Not Obliged To Surrender Their Bodies”
The falsity of this, if it so happens and as claimed by the opposition, can be easily judged according to circumstances and evidence, just as it is done in other rape case. Moreover, making marital rape a criminal offense will give a voice to thousands of women who have been silently suffering this pain over the ages.
The society needs to understand that marriage does not imply consent, and that abuse, its scars and trauma, are equal for every woman. Women are not obliged to surrender their bodies to the husbands and any form of resistance needs to be respected.
In our country where discussions about sex, rape, sex education and abusive relationships are a taboo, one step towards equality, can be a long leap for women. Every woman has the right to be in a dignified relationship, claim respect, and live with equality in marriage.
Societal acceptance of a relationship and the garb of being wedded, does not give anyone the right to rape or force one’s partner to do anything. We need to fight it out until the government, society and offenders realises the criminality of the act!