Skip to content
Infano-logo
  • Health & Fitness
  • Sexual Health
  • Mental Health
  • Periods
  • Pregnancy
  • Parenting
  • PCOS
  • HerStory
  • Campaign
  • pink-search-icon
    • Close

Criminalising Marital Rape: Why Is India Against It?

Written By: Sonali
February 27, 2022

Highlights

  • Section 375 of the IPC
  • Government of India on marital rape
  • High Court petitioners’ views
  • Marriage Strike
  • The way forward
  • Quick Read
  • Full Read

Section 375 of the IPC, which prohibits rape, comes with an exception, which reads: “sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

India is one of the remaining 36 countries in the world that hasn’t criminalised marital rape yet ― and is still in favour of it.

Our society has built up this idea that sexual violence or rape only happens outside the home ― but what if the same is happening inside the four walls but not getting any recognition? Why is that a non-consensual rape within marriage is considered private, and there is no protocol or punishment for the same?

Centre’s statement to oppose criminalising marital rape clearly shows where we stand The High Court of Delhi is expected to rule within weeks or months on the petitions to criminalise marital rape in India.

Though we all know what the outcome would be. Even if there is a big change to come, a law to add, it will take years and decades for the cultural change to set in!

Spread the love

Five minutes before marriage, non-consensual sex can be considered rape under Section 375 of IPC, but five minutes after marriage, it is legal and not against the law!

Before I write any further, let me tell you that India is one of the remaining 36 countries in the world that hasn’t criminalised marital rape yet ― and is still in favour of it.

Section 375 of the IPC, which prohibits rape, comes with an exception, which reads: “sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

Opposing several PILs to criminalise marital rape, the Government of India told Delhi HC, “Various other countries, mostly Western, have criminalised marital rape, but it does not necessarily mean India should also follow them blindly. This country has its own unique problems due to various factors like literacy, lack of financial empowerment of a majority of females, mindset of society, vast diversity, poverty, etc., and these should be considered carefully before criminalising marital rape.”

“Defining marital rape would call for a broad-based consensus in society. As to what constitutes marital rape and what would not constitute marital rape needs to be defined precisely before a view on its criminalisation is taken.”

Centre

The High Court petitioners are calling that patriarchal.

Our society has built up this idea that sexual violence or rape only happens outside the home ― but what if the same is happening inside the four walls but not getting any recognition? Why is that a non-consensual rape within marriage is considered private, and there is no protocol or punishment for the same?

“After marriage, it’s the husband’s right over the body of the wife, and this concept that a woman can refuse sex within marriage is not widely accepted. In fact, it was not even accepted by the government. That’s why the exception continues today.”

Mariam Dhawale, General Secretary of the All India Democratic Women’s Association (AIDWA)

“The medical evidence indicates injuries, marks or coloration etc. of the body, in particular on the back or chest or private parts, that can certainly provide ample corroboration. But this corroborative evidence may be rendered useless in case of allegations of marital rape. It will be difficult to determine as to when the consent was withdrawn by the married woman. The cost of the circumstantial and corroborative evidence will become futile in case of marital rape,” the Centre said.

It also added that “deletion of exception 2 of Section 375 would make marital rape a cognisable, non-bailable and non-compoundable offence. This would stop all the chances of a settlement between the husband and wife, which is possible under Section 498A of IPC.”

Centre’s statement to oppose criminalising marital rape clearly shows where we stand!

The sad part is that several women don’t even know that they have the right to say ‘no’ ― that they have rights over their ‘own’ body and that they can say ‘no’ to their husbands.

Marital rape is undoubtedly a very sensitive topic, but in a country like India, where sexual violence within families is considered ‘normal’ and goes unreported, it is more daunting for women.

According to the National Family Health Survey, ‘about 30% Indian women aged 18-49 reported having experienced spousal violence. In terms of sexual violence, the average Indian woman is 17 times more likely to face sexual violence from her husband than from anyone else, according to the survey of 724,115 women.’

As if the Centre’s stand was not enough, a lot of men also carried out a ‘Marriage Strike’ campaign on social media platforms to lobby against the criminalisation of marital rape.

#RepublicDay2022 is actually#NoRepublicDay4Men in India due to #UnconstitutionalCrPC

Indian #Government and #Judicial System has forced the male for #MarriageStrike

— SIFF Spokesperson (@jaidutt1) January 25, 2022

शौख नहीं आम आदमियों का मुजबुरी है- #मैरिजस्ट्राइक जोरूरी है!
It is not a hobby for common people – #MarriageStrike is necessary!#MaritalRape PIL to term Husband #Rapist for sex with his own Wife going on.#BoyCottMarriage with #IndianWomen!@barandbench @LiveLawIndia @LawBeatInd pic.twitter.com/107IL05249

— SwarupSarkar (@swarup1972) January 21, 2022

“Their argument is based on the premise that men are entitled to sex in a marriage. The whole idea of a marriage strike comes from this: we will withhold marriage if we do not get access to sex. The idea of this transaction is deeply problematic. Violence against women and children is the real threat to the family institution,” says women’s rights activist Kavita Krishnan.

I strongly hope that men who are going on #MaritalStrike remain on strike for ever. They are not safe for any woman to be married to. Anyone who thinks consent has no place in a marriage, should never marry.

— Kavita Krishnan (@kavita_krishnan) January 20, 2022

The Centre has also contended that a court “cannot usurp the power of the legislature”, adding that removal of exception 2 of Section 375 IPC “would be akin to legislating a separate offence which can be done only by the legislature as per the doctrine of separation of powers prescribed in the Constitution of India.”

The very fact that the petition to criminalise marital rape is drawing so much attention and fury is proof of how much we need it. An institution like marriage cannot stand if there is no consent, no transparency and equality for both partners.

The High Court of Delhi is expected to rule within weeks or months on the petitions to criminalise marital rape in India. The HC has also asked the Parliament of India to step in.

Though we all know what the outcome would be. Even if there is a big change to come, a law to add, it will take years and decades for the cultural change to set in!

marital rapemarriagesrape culturesexual abusesexual assaultsexual harassmentwomen empowermentwomen in indiawomen power

Sonali

A 'non-9-5 desk job' ambivert geek who chooses her own audience, Sonali loves sharing stories and finding the corners where humanity still exists! She believes that every individual's story is unique and special. She loves writing about the untouched and unspoken segments of society. When not writing, you can find her listening to someone's stories or playing with dogs. Sonali values mental health and encourages people to speak their heart out!

Leave a Comment Cancel reply

Infano Care

Here’s why COVID-19 Crisis Could result in more Child Marriages & Female Genital Mutilation

Written By: Infano
July 9, 2020 | 12:28 PM |
868
  • Full Read
Spread the love

UNFPA claimed that an additional 13 million girls could be married off and two million more could undergo FGM in the next decade, beyond what would be normally expected.

The coronavirus crisis could push millions of more girls into child marriage and female genital mutilation (FGM), the United Nations said.

“The pandemic both makes our job harder and more urgent as so many more girls are now at risk,” said Natalia Kanem, head of the United Nations’ sexual and reproductive health agency, United Nations Population Fund.

UNFPA claimed that an additional 13 million girls could be married off and two million more could undergo FGM in the next decade, beyond what would be normally expected.

Further, the crisis may push several into poverty, prompting parents to get their daughters married early.

Talking about FGM, Kanem said: “When so many girls and women are unwanted, cut, erased, given, traded and sold, our common future is undermined. We should all be outraged.

” Practices including violent sexual initiation rites, witchcraft accusations, branding, dowry-related violence, force-feeding and body modifications such as neck-elongation are rampant in India.

The report further said that 3,000 girls each day, are forced to marry young to older men. An estimated 4.1 million are at risk of FGM this year.

According to the World Health Organisation (WHO) female genital mutilation are procedures “that intentionally alter or cause injury to the female genital organs for non-medical reasons.” The procedures are usually performed between infancy and the age of 15.

ChildChild MarriageCultureWHO

Infano

Infano is a platform that aims to impact every facet of a woman's life - health, career, motherhood, lifestyle, and much more. We are a team of like-minded individuals who wish to be a support to women from all walks of life and in everything they do. Our aim, through our posts and articles, is to bring to light the issues and problems that women face in their day-to-day life, to try and make their life a little easier and a little better, provide the latest news updates of women around the world, and to highlight their big and small achievements. We celebrate womanhood each and every day.

Related Posts

Health & Fitness 2 mins Read

Do Deodorants Cause Breast Cancer?

Written By: Misha March, 28 2022 | 01:04 PM
Mental Health 4 mins Read

Accessibility: A Challenge to Disability

Written By: Infano March, 25 2022 | 12:40 PM
Periods 3 mins Read

Good Menstrual Health: 7 Period Red Flags You Shouldn’t Ignore

Written By: Tasneem Akbari Kutubuddin January, 26 2022 | 10:00 PM
Pregnancy 3 mins Read

Pregnancy Care Blog: Why Do Some Women Have Bigger Bumps Than Others?

Written By: Tasneem Akbari Kutubuddin October, 31 2021 | 04:23 PM
Inspirational Personalities 7 mins Read

International Men’s Day: This Man Is ‘MENding Boys’ Through His NGO

Written By: Tasneem Akbari Kutubuddin November, 19 2021 | 12:22 AM
Periods 5 mins Read

Explained: Menstrual Disc, An Unpopular Product!

Written By: Sonali May, 19 2022 | 03:30 PM
Health & Fitness 4 mins Read

Women’s Wellness: All Of These Things Are True While Going Through Menopause

Written By: Tasneem Akbari Kutubuddin January, 3 2022 | 10:00 AM
Trending 5 mins Read

Why Women Need Financial Independence?

Written By: Sonali June, 25 2021 | 04:16 PM
Mental Health 3 mins Read

Women Supporting Women: Make It A Reality!

Written By: Sonali April, 17 2022 | 01:46 PM
Parenting 5 mins Read

Ten phrases you should never say to your kids.

Written By: Suhani Sharma July, 29 2021 | 08:59 AM
Sexual Health 3 mins Read

Sexual Health: Why Are Penis Owners Practicing Semen Retention?

Written By: Infano March, 1 2023 | 06:47 AM
Parenting 3 mins Read

Is PDA In The Presence Of Kids Okay?

Written By: Shweta Singh April, 24 2023 | 09:00 AM
Sexual Health 3 mins Read

Rights And Beliefs: LGBT Laws That You Must Be Aware Of In India!

Written By: Sonali October, 22 2020 | 04:20 PM
Trending 4 mins Read

Virtual Villages To The Rescue For Motherhood In Pandemic.

Written By: Suhani Sharma July, 9 2021 | 11:16 AM
Trending 5 mins Read

Women Who Play The Victim Card Are Pseudo-feminists?!

Written By: Tasneem Akbari Kutubuddin December, 4 2020 | 04:15 PM
Social 4 mins Read

I-Tutorial 101: What Is ‘Flashing’? Is That A Real Crime?

Written By: Sonali November, 13 2020 | 06:18 PM

Subscribe to our Newsletter

To keep yourself updated with women-related news around the globe, articles, opinions, suggestions and exclusive offers that you should not miss, subscribe to our newsletter.

    Home | About Us | Contact Us | Terms & Conditions | Privacy Policy | Cancellations and Refund Policy | Pricing-Policy
    © 2023 Infano Women's Health | Lifestyle | Success Stories • Powered by GeneratePress

    Insert/edit link

    Enter the destination URL

    Or link to existing content

      No search term specified. Showing recent items. Search or use up and down arrow keys to select an item.