Marital Rape | The Issue
There is little to say about marital rape that has not been said already. Justifications, questions, and considerations all sound like feeble attempts to hide how inherently patriarchal?the?law is. Even in 2022, the rape of a woman by her husband is not a crime and is a cause for concern. Following?the?recent split verdict by?the?Delhi High Court on?the?‘marital rape clause’ we talk about?the?history of this exception to?the?rape law in our country, India's global standing, and?the?broader concept of consent.?
How did the law that does not recognise the rape of a wife by her husband as a crime come into existence??Despite signing the UN declaration on Elimination of Violence against Women which clearly defines marital rape as violence against women, it is still not a crime in India. This is despite the fact that as per the UN population fund, nearly 75% of married women in India are subjected to assault by their husbands.?In this episode of ‘The Issue’, we take you through the history of this law and the story of a 10-year-old girl closely linked with it.?
100 years ago, the first country in the world criminalised marital rape. It was the Soviet Union in 1922 and 150 nations followed suit.?In the majority of nations marital rape is a crime and punishments range from life imprisonment to 50 years in jail. India has ratified two UN conventions that declare spousal rape as an act of violence against women. However, by virtue of the fact that India did not sign the optional convention which gives UN the powers of persecution against the member states, India cannot be held legally accountable for not complying.?Only 36 countries in the world have not criminalised marital rape, India is one of them. Are efforts being made in the country to change the colonial-era law?
领英推荐
Since marriage as a social contract is still largely seen only for the purpose of reproduction, consent is considered to be implicitly implied in such situations. Simply put, it’s assumed that the minute you get married you have consented to sex for time immemorial. But this goes against what we now know to be enthusiastic consent.?How well do you understand consent? Does saying ‘yes’ to marriage mean a default consent for sex? In this episode, we explore the concept of consent and why it should be explicit.?
Watch ‘The?Issue' editorji’s special series that takes a look at social?issues that need dire attention, and have been often neglected by mainstream narratives.?
Like what you read??Subscribe ?to our newsletters...
Copyright ? 2020 editorji technologies private limited. All rights reserved.