Today we will explore the issue of marital rape, focusing on its impact on women’s rights, emotional and physical well-being, and the ongoing legal battle for its recognition as a crime in India. It could highlight the importance of consent in marriage, the cultural taboos surrounding this issue, and the urgent need for societal and legal reform.
The views from various people also address the stigma faced by survivors and the role of women’s empowerment movements in advocating for justice and awareness.
1. Marital rape involves any unwanted sexual act by a spouse through force, threats, or when the victim is incapacitated, such as being asleep or intoxicated.
In the case of *Hrishikesh Sahoo vs Karnataka*, the petitioners challenge the constitutional validity of Exception 2 to Section 375 of the IPC and its replacement in the Bharatiya Nyaya Sanhita, 2023. These exceptions grant immunity to husbands from marital rape charges if the wife is over 15 years old.
The ongoing debate includes the government’s argument to exclude marital rape from the IPC to “protect marriages,” claiming that labeling it as rape is “extreme”, while Karat states that “the woman’s body is not her own but her husband’s and he has full right over it without any ifs and buts.” This position contrasts with the government’s usual stance against exploitation and injustice toward women, suggesting a double standard when abuse happens within marriage.
In my opinion, the government’s intervention could worsen the situation and lead to unnecessary unrest. It would be wiser for the government to let the legal process work independently, i.e. to follow the practice of “separation of powers” which surely exists in India, to address this issue justly.
Shared by : Rishi, Women Entrepreneur
2. The recent submission by the Central Government to the Supreme Court of India concerning marital rape raises serious issues about safeguarding women’s rights within marriage. The government claims that criminalizing marital rape could harm marital relationships and considers it “excessively harsh.” However, this view fails to address the critical issue of consent, which is essential in any relationship, including marriage.
While it’s recognized that a husband does not have the right to violate his wife’s consent, the government’s position effectively legitimizes non-consensual sexual acts within marriage. This not only undermines women’s control over their own bodies but also supports outdated views of marriage where consent is assumed. The current laws, such as those dealing with domestic violence and sexual harassment, do not adequately address the specific circumstances surrounding marital rape.
Furthermore, the argument that marital rape should be treated differently due to social factors ignores the fact that non-consensual acts are harmful regardless of the situation. There is a clear need for a comprehensive approach to tackle these issues, but it shouldn’t come at the cost of failing to criminalize marital rape as a violation of basic rights.
The legal system needs to adapt to modern understandings of consent and bodily autonomy, ensuring that everyone within a marriage is protected, and taking into consideration that there can also be cases where female parties to the case may also file false cases of Marital Rape and it would be very very difficult to prove the same and the harm to a man’s reputation would have already been done.
Shared by : Akshat Vatsya, Lawyer
3. “As an Indian woman, I believe marital rape is a harsh reality many of us face. Society conditions us to prioritize family honor over personal autonomy. Women are often silenced, told to compromise and adjust. But, what about our rights? Our bodies? Our consent?
Marital rape is not just physical violence; it’s emotional and psychological manipulation. The perpetrator is not a stranger, but someone we trusted. Someone who vowed to protect us.
I’ve seen women around me suffer in silence, afraid to speak out due to fear of social ostracism, family rejection, or being labeled ‘disobedient.’ Even educated women struggle to recognize marital rape as a crime.
We need to break this silence. We need laws that protect us, not just societal norms that suffocate us. Criminalizing marital rape is crucial. But, it’s not just about laws; it’s about mindset. We need to teach men (and women) that consent is essential, that marriage doesn’t imply ownership.
Let’s create a safe space for survivors to share their stories, without fear of judgment. Let’s empower women to say ‘no’ without guilt or shame. Marital rape is not ‘just part of marriage.’ It’s violence. It’s time we acknowledge it.”
Shared by : Mrs.Kalindi Rastogi , Educationist
4. We are a nation with a maximum number of arrange marriages where most of the couples just meet a few times in a formal setting before the actual wedding. Physical and sexual compatibility is the subject that is hardly discussed and often comes as a surprise package that needs to be endured and not enjoyed.
Mindset like this have been prevalent for a very long time and hence being raped within a wedlock is an alien concept that people don’t resonate with. However the reality is a far cry, according to NHFS 32% of all the married women in India experience physical or sexual violence by their partners and of which 99% go unreported and reason is not only the framework of law but our collective mindset as a society.
It should be no rocket science that an individual irrespective of his or her relationship status must always have the right to choose for their body, priorities their consent and comfort and anyone violating this must be severely punished.
Shared by : Roma Bachchani, Edupreneur
