RAPE, ISN'T THAT A CRIME IN INDIA?

Rape, isn't that a crime in India? No, the rape (by husband) after marriage is not an offence/crime. No wonder that we still talk about criminalising marital rape in our country since India is always being a patriarchal society wherein male/ male child is fostered as commanding gender in a family. This is the long heard story in this country. For a male child, right from his birth, he is being inculcated with the idea of being dominant in the family. This at times ends up at crime against the other gender. When we talk about marital rape, we need to understand, what is rape? Before 2013 amendment to the Indian Penal Code (IPC), it is understood that forceful penetration of the penis into the vagina is rape but soon after the Nirbhaya rape issue in India, the definition of rape has been extended. 

We live in a country where approximately 33, 356 rape crimes happened in a year (National Crime Records Bureau NCRB, 2018) wherein which NCRB noted that 71 per cent of rape crimes were not getting reported in India (2006 NCRB). So this is the situation created for the women in a country like India. Being this happens on one end, crimes like marital rape and its worst effects are being hidden on the other end. Marital rape is no way lesser than the rape since then, that was not even recognised as a crime before the latter half of the 20th century. So the origin of the crime cannot be traced promptly. Since a long time, marital rape is being one of the forms of injustice happening to women because of the extra dominating feature of men in society. It felt to the society that after marriage, it is a right of the husband to have sex with his wife irrespective of her consent. Is the same ideology followed by other countries across the world or is there any safe place that helps women to survive a decent life? This article discusses more facts about this crime and its current status. 

(Image Source: Womenite.com) 

WHAT IS MARITAL RAPE?

Can the term RAPE be used between the married couple? When a spouse (ex-spouse or long term intimate partner) forces the other person (wife or ex-wife) to have sex (those sexual acts include all kind of non-consensual humiliating sexual activities), can that be considered a crime? No, not yet in India. But in other world countries like US, UK, indeed that is a punishable crime. But why not in India? Because section 375 of IPC, 1860 defines rape wherein its exception clause provides that sexual intercourse of a man with his wife of age above 15 years is not rape. 

In India, we can think of so many excuses or justifications for not criminalizing marital rape but its heinous effects are unimaginable which make the victims weep in agony all alone. Often, there are efforts taken by social activists, as a result of which the age of wife provided in the exception clause of sec. 375 has been extended from 15 years to 18 years. This recent change has been made through the case of Independent thought vs. UOI. Still, the sufferings of women make the world to note that marital rape being one of the worst kinds of harm shown over humanity has not even been recognised as a crime in many parts of the world.

TYPES OF MARITAL RAPE

The following types of marital rape prove, which is one of the odious crimes exist in the world to destruct womanhood. Force only rape (husband's threat and violence is limited only to the level necessary to coerce sex) where violence would be mostly verbal. Battering rape (beating and rape combined) sex would be a continuation of physical abuse wherein the sexual abuse is part of a general pattern of psychological, economical, physical, verbal and emotional abuse. Obsessive rape (sadistic form of rape) abuser would get obsessed with sex and uses violence to get aroused. No one can believe this atrocity against femininity is allowed by the laws of some countries. 

PRESENT STATUS IN INDIA 

Marital rape is not only a conventional crime but also it exists in the modern-day relationships (live-in relationship). The saddest part is, in most of the cases, victims are not even known that they are getting raped. As in, the intimate partners ask for sexual favours that include oral sex, anal sex and such other kinds of sexual activities without getting consent from their partners. They may request or please for sexual favours and also the victim would easily fell prey to win the fidelity of her partner which means there is no explicit consent given by her with her conscience. For which a revolutionary model (enthusiastic consent model or ‘yes means yes’ model) has been adopted as a remedy in some of the state-funded educational institutions across California, the US to arrest the growing epidemic of date rape cases. 

 

(Image Source: Survivornotvictim.com)

When a country like California foresees the effects of crime and takes initiatives, why not India? Though our thoughts have been evolved, the sense of chauvinism is inherited in the male genes (no offence to masculinity) which makes a man think that having forceful or non- consensual sex with a woman is part of misogynist’s culture and not an offence or crime. NFHS survey (2015-16) which reports that one- third women in India are suffering from sexual abuse from their spouse. This is an approximate count since most of the crimes are unreported. Periyar who promoted the principles such as rationalism, self- respect and women’s rights in the early 21st century, envisioned that in future, “there will be no human without character and dignity and also he pointed that there will be no subordination of women” in his book ‘The World to Come’(Tamil version Ini Varum Ulagam) released in 1944. Still, that foreseen dignified day for women is not achieved. The present generation kids should be victualed with such kind of rational thoughts to make the world, a good place to live in.

WHY TO CRIMINALISE MARITAL RAPE?

Since there is no penal provision available for this crime, a woman can make a complaint under the Protection of Women from Domestic Violence Act, 2005 through which a woman can claim monetary relief and moral support through protection homes. How about the offender? What kind of punishment, he gets? IPC under section 376B punishes a spouse has forceful sex with an ex-wife or under section 498-A cruelty by husband or his relatives would get punished. But marital rape is more than the domestic violence where an offender gets imprisonment hardly for not more than 3 years but for rape, that’s not the case. No one can deny the phrase ‘harder the punishment, lesser the crime’. Though punishing an offender is not the only solution, that would add on to the education/ awareness provided to perorate this crime. 

(Image Source: Change.org- Criminalise Marital Rape) 

We, as a society hasn’t forgotten the rape cases of Maya Tyagi, Aruna Shanbaug, Unnao, Nirbhaya and etc., and the effect it created can’t be put in words. If someday marital rape cases come before the forum of law, its effect and impact would be worse than the above-mentioned cases. So it is high time to protect the nation from this vulgarity. Sticking to century’s old law is not going to be for good cause, English laws stand precedent to Indian laws, in that way even they criminalised marital rape. It is sad to point that India is one among the 32 countries out of 195 countries in the world yet haven’t criminalised marital rape. 

International committee like CEDAW (Committee on the Elimination of Discrimination against Women) and Justice Verma Committee constituted in India to amend criminal laws, unilaterally recommended criminalising marital rape considering the physical and mental trauma of victims. Now, it is left to the union government and apex court of India to make a decision. The main reasons pointed by the union government for not criminalizing rape is that, it spoils Indian culture, breaks the marriage/ family institution, women may bring false allegations and such lethargic justifications. If there is no respect for the feelings of women, what’s the point of being in that family or continuing that relationship? Knowing the transgression against women and keeping dumb is of what use? Is our Indian culture says to live in grief or to live with a man who doesn’t treat a woman like a human? The point here is, we are not suggesting the women get divorced or punish the man to death. All we need is awareness and education. Both men and women should be educated about sexual life and also the same should be monitored by a proper legal system for which it is immensely important to recognize that marital rape is an offence under the law. 

CONCLUSION

This crime would not end by criminalising it since most of the victims remain dumb against the atrocity happening to them. One of the NFHS surveys points that 54% per cent of women justifies the violence gone through them caused by their husbands. Women of this country see their husbands like a god, such irrational thoughts should end. Marital rape is a horrendous crime ends when women start to respect herself and stand for herself and the society help her to fight the virile beings exist in the world. Beyond complaining the law and wrongdoers, every individual should inherit the change in their mind and together we have to bring up the nation safe for the women and girl children. Constituting a self-help institution wherein providing moral and financial support to the victims, providing counselling/ awareness about sexual life to the married couple and most importantly the children of upcoming generation should be provided with sex education, all this would be the greatest initiatives to create the safest place for the womanhood. 

I wish to end this article by quoting the most appropriate inspiring soul Jenny Teeson, works against the barbarity happening against women, who herself is the victim of marital rape and fought for drafting law against it. Thus, to end this crime, in the words of K. Veeramani in Periyar’s ‘Why were women enslaved’, “Women should not depend on men who enjoy the fruits of their serfdom.” We don’t really need brutal unimaginable instances of marital rape to criminalise it through law, or to gain social support, it is not always mandatory to have fancy hashtags. Still, humanity exists in the world. So, humans, it is the time, wake up, rise against this crime, rise for yourself. We, as a society should evolve to cease this crime. Having sex with consent is also a part of respecting women. Respect her emotions, feelings, her body and her soul. 

REFERENCES

https://feminismindia.com/2019/05/22/definition-rape-laws

https://emglish.mathrubhumi.com/features/women/part 1-marriage-is-not-a-cover-for-abuse-1.4607724

https://feminismindia.com/2018/08/23/marital- rape-law/

https://feminismindia.com/2020/06/11/marital-rape-people-still-confused-india/

https://www.business-standard.com/article/current-affairs/why-criminalisation-of-marital-rape-is-still-a-distant-dream-in-india-118102900084_1.html

https://www.equalitynow.org/marital_rape_is_not_a_crime_in_india_it_needs_to_be

https://theswaddle.com/marital-rape-india-decriminalised-crime/-

https://feminismindia.com/2019/05/22/intimate-partner-rape-society/

https://www.thebetterindia.com/109672/marital-rape-an-unrecognised-evil/

https://www.nytimes.com/2019/04/13/us/marital-rape-law-minnesota.html-

https://www.globalcitizen.org/en/content/marital-rape-india-criminal-offense/

https://www.globalcitizen.org/en/content/un-women-marital-rape-laws/