Many people have this misconception that having sex without consent in a marriage is not rape. Well, sorry to burst the bubble, but it is. Just because you are married “does NOT” mean you are entitled to sex. You can 100% still object to having sex, and your partner can’t use your marriage as an excuse to manipulate you.
Did you know that over 150 countries have marked this as a crime, but India is not on that list? On May 12, 2022, the Delhi High Court gave a split verdict on making rape within marriage a crime, leaving the law unchanged. The issue will now go to the Supreme Court.
The 2019-’21 NFHS (National Family Health Survey) report showed that 31% of married women aged 18-49 have experienced sexual, physical and emotional violence at the hands of their spouse. While over 80% reported their current husband as the perpetrator, 13% reported their former husband as the perpetrator.
And yet, it is not a crime! Whether you are married or not, if consent is not there from both the partners, then it is an act of sexual violence i.e., basically rape. You are going against someone’s wishes. How is this fair? Why can’t marital rape be a crime? Why isn’t there a change in the law?
These women who are the survivors can’t even complain or tell anyone, because they will be met with responses like, “He is your husband, you’re his wife. You should cater to his needs and fulfil his desires,” most of the time.
The thing that should be remembered is the drastic impact this will have on its survivors. It will not only leave physical scars, but it will impact them mentally, too. They would be disgusted with themselves, and feel utterly hopeless because they don’t even have a law in their favour.
These women will think that the only way there is, is to abide by their husband’s wishes and that they don’t have any say in it. This should be changed!
If so many other countries can make it a crime, then why can’t India too? Why are issues like this not given importance? Why aren’t the voices of these survivors given importance? Why are the perpetrators not stopped?
I really hope that sooner or later a law that makes marital rape a crime is passed; and I hope that it will be implemented properly, giving the offenders the necessary punishment, so that they will never lay a finger on a woman without her consent.
REFERENCE:
Delhi HC delivers split verdict on marital rape