Marriage is the eternal bond between the two souls. Is this statement really appropriate for all the cases? MARITAL RAPE, a rarely discussed matter which is not being viewed as a crime in India. Legally, it is not criminalized and culturally, it is accepted as a norm of marriage.
“Sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years of age, is not rape,”
States a 2013 amendment to the Indian Penal Code of 1860. Having such a law could relate the condition like, “The dough is runny in the poverty”. Where in India, crimes are increasing at an alarming rate; we are having such a law that does not accept a Rape as a Rape just because it is done by the spouse.
Some of the facts* can screwed you up. Here are the following:-
- Indian women are 40% more likely to experience rape from their husband than by a stranger.
- According to another 2014 report, less than 1 percent of sexual assaults within marriage are reported to police.
- In a high court in India in 2012, it was ruled that if a woman denied her husband sex, it was a form of abuse.
- In 2015, a woman came forward about having been raped and assaulted by her husband. She was hospitalized for her injuries; however, her husband was never prosecuted. The woman took the issue in the form of a petition to India’s Supreme Court. Her petition was dismissed, the court saying that the law couldn’t be changed on the basis of one person’s experience.*
- Not only woman here, “The Quint” talked to Manoj (assumed name), a 35-year old customer service professional. Due to his job, he had to do the crucial night shifts. As he said,
“I would come home tired and without understanding my needs, she used to force me to have sex. I tried speaking to her but it was impossible to satisfy her. It didn’t matter if I was tired, came home at midnight or simply not in the mood. She blackmailed me, threatened me to leave. It was literally, like being raped.”
Marital Rape is hiding behind the Indian culture. Our Indian culture and religious beliefs force us to being an Ideal partner. According to a survey, a panel of lawmakers who opposed the move (to make a law against it), at the time argued it had “the potential of destroying the institution of marriage.”
“If marital rape is brought under the law, the entire family system will be under great stress,” a report submitted by lawmakers to Parliament had said in 2013. The government eventually passed a new sexual-assault law, which did not criminalize marital rape.
Where a man is tortured and indulged in forceful sex by challenging his manhood, putting under pressure on him, threatening him by the Fake Domestic Violence Case or any other reasons. On the other hand, a Woman is forced by physical and mental torture like beating her, damaging her internal parts, abusing her or her family members or sometimes she is being asked to adjust like Sunita (assumed name), she says:
“It seemed as if besides I was doing the household work and being at his disposal at night, my husband had no other use of me. One night, when I gently refused to sleep with him, he picked up a candle, forcibly inserted it into my vagina and said, “Not to worry, you scumbag, I have a remedy for everything.” I sobbed endlessly, but he refused to spare me the horror. The next morning, I called my mother to tell her what had happened. “Beta, try to adjust. There is no way out.” Her response left me numb.”
After that she ran to a police station and amazed by what she heard there,
“Be grateful lady that your husband is coming to you every night and not going to a prostitute. Go home and keep him happy.” That was the day I regretted being a woman.
“Is she a mistress of him?”
“Has he had no self-respect?”
“Has he/she had no rights in his/her own marriage which is being called sacred by our Indian Culture?”
Those who were being suffered by this crime, they were having their own life, they had their freedom to live, they were not the slaves. They had been tortured and humiliated by their life-partners. Whether a person is He or She, they both have equal rights, as a proverb defines, “Man and Woman are the two wheels of the same cart.” The more important thing is that he/she is a human being. A human being is not here to tolerate the abuse or afflicted by anyone.
If I say, marry a person who will not allow you to live the life in your own way, forces you to be there and does not even treat you like a Human being. Will you marry such a person? Surely NO, then why after marriage any person should tolerate this? Is it acceptable to rape a woman just because she is married to the man?
A strict law against this crime should be passed by the respective government. Some of them say,
“Like the Domestic Violence Act, a marital rape law can be misused, invoked to extort money from many innocent husbands.”
We should now stop saying, “So what? He is the husband.”
“If you want to maintain your status, adjust”.
“How can she rape you?”
Today, Marital Rape is illegal in all 50 US states. As per my opinion, it is one of the most serious violations of a person’s bodily integrity. Also the victim should fight back. There is now a strong need that such laws should be designed such as to prevent their misuse.
Please let me know about your views and opinions about Marital Rape in India in the comment section below.
*All the facts, statements and cases are taken from the different sources.