Legal Protection to Marital Rape Should be Revisited and Repealed for Good!

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  • There are certain anachronistic beliefs, systems, practices, and unwritten rules that are still being followed diligently in Indian society despite claiming to be forward-thinking and nurturing modern outlook. Nothing could be farther from the truth as the countrymen continue to stick to despicable practices viz. patriarchy, gender bias, inequality, and ill-treatment of girls/women. This abhorrent practice is still prevalent despite concerted efforts by the government as well as people to usher in gender parity in all walks of life is yielding little results. Female feticide, preference for male progenies, differential treatment, and most importantly, encouraging a sense of entitlement amongst male children is widely prevalent and thriving too.

PC: Express News Service

  • Yet another matter that keeps hogging the headlines for all the wrong reasons is the safety and security of females who witnesses blatant violations so very regularly and with such impunity. After an initial hue and cry, the matter gets buried under the carpet is also a fact that fails to grab desired attention of the powers that be to ensure an impregnable deterrent measure dissuading potential offenders from perpetrating crimes against women. It is another story altogether concerning married women who face different sets of challenges apart from those mentioned here. Dowry harassment, expectations to essay subservient role in the family relationship, playing second fiddle to husbands, and raising children, sacrificing careers, etc., are some of the pressing issues confronting women.
  • Adding to the suffocating environment is the marital discord arising out of sexual incompatibility that most often ends in the corridors of courts. Against this backdrop, the recent case in the Chhattisgarh high court discharging a man accused of sexual assault of his wife as the judge went strictly by the book starkly highlights how India’s rape law is also skewed offering little relief to women. Most bafflingly, the law has survived scrutiny since 1860 granting immunity to a husband for sex with an unwilling wife is not only a misnomer in the present situation but also grossly undermines the efforts of extending gender uniformity expected in the so-called modern world. In 1860, the exemption may have been based on the premise that a woman upon marriage became her husband’s property and it continues today is simply outrageous.

PC: Mattie Quinn

  • To their credit, the Supreme Court and HCs have made the right noises about the flaw in the law extolling the virtues of prioritizing a woman’s agency over her body as also choosing to sidestep the archaic premise that a husband owns a wife. Recently, Kerala HC observed that spouses in a marriage are treated as equal partners. Treating a wife’s body as something owing to husband and committing a sexual act against her will is marital rape. It’s a welcome observation indeed which should be followed with the Supreme Court outlawing the exemption in the law itself. Note that legal systems are works in progress undergoing perpetual amendment/repeal/abrogation in keeping with the times. Immunity to sexual abusers should also be outlawed forthwith.

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Krishna MV
Krishna is a Post Graduate with specialization in English Literature and Human Resource Management, respectively. Having served the Indian Air Force with distinction for 16 years, Armed Forces background definitely played a very major role in shaping as to who & what he is right now. Presently, he is employed as The Administrator of a well known educational institute in Bangalore. He is passionate about sharing thoughts by writing articles on the current affairs / topics with insightful dissection and offering counter / alternate views thrown in for good measure. Also, passionate about Cricket, Music – especially vintage Kannada & Hindi film songs, reading – non-fictional & Self-Help Books, and of course, fitness without compromising on the culinary pleasures.