Trigger Warning: Mention of Marital Rape, Gender Based Violence
Marriage, often viewed as a sacred institution, involves a significant aspect of intimacy. However, when intimacy transforms into violence, it raises serious concerns. While rape is universally condemned, marital rape remains decriminalized and a deeply unsettling reality, notably in countries like India.
According to the UN Population Fund, over two-thirds of married women in India, aged 15 to 49, have experienced physical abuse or coercion for sexual acts by their husbands. Furthermore, data reveals that women are 40 times more likely to face assault from their spouses than from strangers. The 2022 National Family Health Survey indicates that at least 29.3 percent of women in India aged between 18-49 years have encountered domestic or sexual violence.
Home is supposed to be a happy place where one can find solace, but for many women out there, it is nothing more than a haunted house. India is a patriarchal society, where numerous men perceive marriage as an entitlement over women. It is stereotypical nature for men to control women’s likes, dislikes, decisions, and choices.
However, it becomes alarming when this control extends to women’s bodies. Society expects women to treat their husbands as ‘pati parmeshwar,‘ equating them to gods, but shouldn’t husbands also be protectors?In such situations, where the person who vows to protect women during marriage is the one tarnishing their dignity, what can women do?
Take S*, for example. She was the sole breadwinner in their family of four, and her unemployed husband spent her hard-earned money on alcohol, plunging them into poverty. He would sexually assault her at any time of the day. Afterward, when she mustered the courage to question him, he silenced her with a hard slap on her face.
Then there’s Maya. She was coerced into having four abortions by her husband, who persisted even when she explicitly said no. The situation escalated further when he forced himself on her, leaving her feeling weak and broken. While these are just two examples, there are thousands of cases where society fails to recognize such actions as rape, denying women their right to consent and a say in the matter.
The Importance of Consent:
Consent stands as a fundamental aspect of any intimate relationship, including marriage, constituting a dynamic and ongoing process. In the context of marital relationships, it is crucial to recognize that consent can be given, revoked, or modified at any point.
Disregarding the dynamics of consent within marriage perpetuates a culture undermining individual agency. Within marital relationships, the significance of consent lies in acknowledging the autonomy and agency of each partner, fostering mutual respect, communication, and ensuring both partners feel comfortable and secure in their intimate interactions.
While consent is paramount in any intimate relationship, its absence or ambiguity becomes particularly troubling. A recent incident involving a newly married woman who suffered severe injuries during intercourse with her husband, reportedly under the influence of sex enhancement pills, underscores the complexities of consent. The tragic outcome emphasizes the urgent need for open discussions on consent, sexual health, and communication within marriages, pointing to broader societal challenges, including the recognition and addressing of issues related to marital rape, necessitating legal reforms and a shift in cultural attitudes.
Complexities Surrounding Consent in Marital Rape:
Despite the unequivocal importance of consent, complexities arise within the context of marital rape due to various factors:
a. Societal Norms and Expectations: Traditional gender roles and societal expectations often perpetuate the idea that a wife is obligated to fulfill her husband’s desires, irrespective of her own feelings, creating a challenging power dynamic for individuals to assert their boundaries.
b. Lack of Awareness and Education: Limited awareness about the concept of consent within marriage contributes to the complexity of the issue. Education on healthy relationships, communication, and respect for individual boundaries is crucial in navigating these challenges.
c. Legal Loopholes: As discussed earlier, legal frameworks in some countries, including India, may exempt non-consensual acts between spouses from prosecution, complicating the issue by denying legal recourse to survivors of marital rape.
d. Fear of Stigmatization: Societal stigma surrounding marital issues and the fear of judgment often prevent individuals from openly discussing problems related to consent within marriage, perpetuating a cycle of suffering and inhibiting the creation of support systems.
The Legal Void:
In India, the concept of marital rape lacks explicit recognition under the law. Section 375 of the Indian Penal Code (IPC) primarily addresses rape, yet Exception 2 explicitly exempts sexual acts by a man with his wife, provided she is above 15 years of age, from being considered rape. This legal loophole exposes countless women to potential abuse within the confines of marriage, as the law inadequately safeguards them.
According to NFHS-4 data out of 4,169 married women who have experienced sexual violence, 82 percent identified their husbands as the perpetrators, with a significant majority indicating physical force as the means used to compel unwanted sexual intercourse. Despite an increase in reported cases of domestic violence, the lack of specific data on marital rape underscores the necessity for a comprehensive legal framework to address this issue.
Why India Hasn’t Criminalized Marital Rape:
The failure to criminalize marital rape in India can be attributed to deeply ingrained societal norms, legal complexities, and concerns about potential consequences. The Justice Verma Committee’s 2013 recommendation was a significant step forward, acknowledging the gravity of the issue. However, three primary grounds led to the rejection of the proposal.
Firstly, the fear that criminalizing marital rape might destabilize the institution of marriage was a prevalent concern. Critics argued that such legislation could be misused to harass husbands, potentially leading to an increase in false accusations, and undermining the sanctity of marriage.
Additionally, the widely held belief that marriage itself implies consent for sexual acts with a spouse further complicated the push for legal reforms. Lastly, the burden of proof on the accused, particularly in the private realm of marital relationships, presented a challenge in establishing guilt in the court of law.
Conclusion:
As the issue of marital rape in India persists without legal resolution, a profound societal dilemma is laid bare. Beyond legal intricacies and concerns about potential consequences, the fundamental question emerges: how do we reconcile the preservation of marital sanctity with the imperative to protect the rights, dignity, and autonomy of individuals, particularly women, within the institution of marriage?
In navigating this complex landscape, the evolving nature of societal norms beckons a critical examination of our legal frameworks. Is it time to reshape these structures to reflect contemporary values, fostering equality and consent? The ongoing dialogue surrounding marital rape invites introspection and raises the prospect of a more just and equitable future.