- Reams and reams have been written on how women in the context of Indian society have been subjugated for millennia. The largely patriarchal, misogynistic, and anachronistic society where men are considered superior to women even with the revolutionary advancements in the cutting-edge technology-driven present-day world must be appalling for most of us. Indian women have proved quite adroitly that they are second to none while establishing themselves as a great force to reckon with in every field hitherto considered the male preserve. Of course, every government elected, civil society members, progressive thinkers, and the ilk have unequivocally expressed their concerns when women are still considered inferior to males despite proving their mettle.
PC: CBC
- The male dominion in a sacred institution like marriage is in the news, especially concerning nonconsensual sexual violence being perpetrated against wives by husbands. Outside of marriage, a man committing any sexual offence on a woman is construed as rape, and the law of the land proceeds to act on these lines. However, forceful sexual acts in marriage do not merit similar strictures. The criminalization of marital rape is being talked but nothing concrete has emerged yet. Recently, a Chhattisgarh HC judgment showed the appalling outcome of not criminalizing marital rape. The SC and the Union Government should take note of this. Unjust laws logically end in injustice. But even by this bleak yardstick, what happened in Chhattisgarh HC is shocking.
PC: LawRato.com
- Note that a woman’s dying declaration blamed her injuries on forceful sexual intercourse by her husband. The postmortem said death was due to peritonitis and rectal perforation. It is grotesque, inhuman, and shocking. A lower court convicted the husband under various provisions. But HC acquitted the accused. The reason? The judge said per Exception-2 in Section 375 IPC, sexual acts by a man with his wife are not rape. Defenders of this provision say there are adequate legal remedies for women. The case underlines how frighteningly inadequate these are. BNS has retained this marital rape exception. Experts say it means the biggest form of sexual violence against Indian women is just not being reported or recorded.
PC: As You Sow
- Recollect how when Delhi HC saw a split verdict in pleas seeking criminalization of marital rape in 2022, the arguments for holding women’s bodies hostage were laid out in black and white. For instance, that criminalizing marital rape must await consultation across India’s vast diversity. The hollowness of this defence is evident. When it comes to marital rape, why are courts and Parliament so resistant to the call of justice, of simple logic? In 2022, GOI’s case was also that, in our country, marital vows are still regarded as inviolable. What does that have to do with giving husbands the licence to rape? Or with wrenching away all bodily autonomy from wives? End all legal protection for non-consensual sex. SC and GOI should act on this with intent and purpose.
