Marital rape and Criminalization of sexual assault within Marriage
Due to the mindset that views marriage as a license for sex and views women as objects that exist to satiate men’s desires, marriage is a very sensitive topic. While for some people it represents the beginning of a new chapter in their lives, for others it is simply a means of achieving their sexual fantasies, which can result in marital rape. For certain men, marriage serves as a means of fulfilling their sexual cravings and needs, and they are unaware that they are inadvertently engaging in a grave transgression. In India, forcing sexual relations on a spouse without their consent is known as marital rape, a delicate and divisive topic. Although rape is illegal in India generally, if the victim is a woman over the age of 15, then a husband and wife may engage in sexual acts. This exclusion effectively means that Indian law does not consider marital rape to be a crime.
A number of women’s rights groups and activists have been pushing for the criminalization of marital rape in India on the grounds that it violates gender equality and a woman’s basic right to bodily autonomy.
India’s History of Marital Rape:
Since 2015, the Delhi High Court has been hearing arguments in this matter.
Two judges of the Delhi High Court began hearing applications against the exemption brought by private citizens and civil society organizations in January 2022. They reached a contentious split judgment by May 2022. While one judge supported making marital rape a crime because it violated a woman’s right to consent, the other judge disagreed, arguing that marriage “necessarily” indicated permission.The Supreme Court was asked to hear the case.
Supreme Court: In September 2022, the Court ruled that, for the purposes of the Medical Termination of Pregnancy Act, marital rape should be included in the definition of rape. This decision addressed women’s access to safe abortions, regardless of their marital status. Law Commission of India: The Law Commission of India denied the necessity to repeal the marital rape exemption in 2000 while taking into consideration a number of reform recommendations aimed at updating the country’s laws against sexual assault.
Criminalization of sexual assault within Marriage
Making marital rape a crime underscores the significance of consent in all sexual encounters and recognizes that marriage does not grant one authority over one’s partner’s body. Addressing the power dynamics that frequently occur in marriages in which one partner may use their position of authority to influence or force the other into engaging in sexual activity also helps.
Moreover, making marital rape a crime might lessen the stigma and humiliation that victims of this kind of sexual assault frequently experience. In addition to giving survivors access to support resources and legal action, it sends a message to society that this behavior is unacceptable. In essence, combating the widespread problem of sexual violence, advancing gender equality, and defending individual rights and dignity all depend on making marital rape a crime.
Author: Trisha Chatterjee, a Student of Bharati Vidyapeeth, New Law College,Pune
