Trigger warning: Mentions marital rape, gender-based violence.
Recently a devastating incident that took place in UP where a newly married woman died after her husband raped her on their wedding night. Marital rape or spousal rape is the act of sexual intercourse with one’s spouse without the spouse’s consent. It is a heinous crime which is still not criminalized in India. In May 2022, the Supreme Court delivered a split verdict saying if marital rape is penalized, it can “destabilase the institution of marriage and can be used to harass the husbands.” And secondly, “marriage is considered to be an implied consent by a woman for sexual acts with her husband.”
NFHS data published in 2022 indicates that at least 29.3 % of women in India aged between 18-49 years had faced domestic or sexual violence, highlighting the urgent need to criminalize marital rape in India.
Here’s what the YKA community has to say on criminalizing marital rape:
‘Marital Rape’: A Silent Epidemic Of Violence Against Women, Ignored By The Law
In this article, Ayesha extensively discusses the statistics and the systemic issue that lies beneath marital rape. She writes: “Home is supposed to be a happy place where one can find solace, but for many women, it is nothing more than a haunted house. India is a patriarchal society, where numerous men perceive marriage as an entitlement over women.” She also discusses how the protector is the perpetrator in such cases. She writes, “Society expects women to treat their husbands as ‘pati parmeshwar,‘ equating them to gods, but shouldn’t husbands also be protectors?” Read her full article here.
Marriage ≠ Consent: Why Has India Still Not Criminalized Marital Rape?
In this article, Sreejaya talks about the role of patriarchy in marital rape. She writes, “Within the patriarchal framework, marriage is often viewed as an institution wherein a woman’s autonomy and bodily integrity are subsumed under the authority of her husband. This power dynamic creates a fertile ground for the perpetuation of marital rape, as women are often expected to consent to their husband’s sexual advances regardless of their consent or desire.” She further highlights the urgent need to criminalize marital rape, saying how criminalizing marital rape is not merely a matter of legal reform. It is a fundamental human right. Read her full article here.
Take the polls above and tell us what you think about criminalizing marital rape in India.