Adultery: Done; Section 377: Done; Now time for marital rape?
Striking down 158-year-old provisions of adultery under IPC Section 497, the Supreme Court recently said, "Any provision of law affecting individual dignity and equality of women invites wrath of Constitution. It's time to say that husband is not the master of wife." Does this mean India is finally inching towards recognizing marital rape? Or at least are we ready to talk about it?
First off, what exactly is marital rape?
If rape is a genre of crime, marital rape is one of its most integral parts. Technically speaking, marital rape is defined as sexual intercourse by a man with his own wife, without her explicit or implied consent, either forcefully or by threatening or physically harming her. What makes this crime more complicated is the relation between man and woman as husband and wife.
Before brushing it off, read the alarming stats
As per the National Health and Family Survey (NHFS 4) for 2015-16, around 5.4% Indian women were reportedly forced into penetrative sex by their husbands. Another 6.1% claimed that their spouses forced them to perform sexual acts against their will. Overall, around 11.2% of rural and 7.3% of urban women face sexual violence/harassment by their husbands. And such incidents occur every day.
A biased law makes marital rape acceptable: J Pardiwala
J. Pardiwala of Gujarat High Court, has stated, "A law that does not give married and unmarried women equal protection creates conditions that leads to marital rape. It allows the men and women to believe that marital rape is acceptable."
Do we lose our right to say NO after marriage?
Pardiwala's judgment is a crucial understanding of woman's right to privacy, dignity and bodily integrity. Just because she's married doesn't mean she has shed her rights to choose/consent. As lawyer Indira Jaising said in her address speech to Justice Verma Committee, "Why would a crime of rape by a man against his own wife not be an offense?" Think about it, why?
India isn't ready for criminalizing marital rape?
Till now, it isn't just India's legal system that has failed women, politicos are equally to blame for the spread of patriarchal/misogynistic attitudes. Women and Child Development Minister Maneka Gandhi invalidated marital rape by saying it "cannot be applied to the Indian context". However, the landmark judgment pertaining to Section 497 might reignite the debate around marital rape. The judiciary is gearing up, can society match up?
Are we moving towards recognizing marital rape as a crime?
While our archaic government still believes that criminalizing marital rape will destroy the "sanctity" of marriage, there have been recent developments in terms of giving importance to a married woman's consent in cases of marital rapes. There have been positive remarks from the courts and the changing trend of judicial orders shows that there's still light at the end of the tunnel.
Everything said and done, consent is the key
Meanwhile, along with the judicial changes, with the increase in rape cases and a new case being reported everyday, we also require an awareness about the importance of consent of a woman, married or unmarried.
