Mercy Gadia
The Indian government has opposed petitions in the Supreme Court seeking to criminalize marital rape, arguing that the existing laws are sufficient to protect married women against sexual violence. The federal home ministry asserted that while a man does not have a fundamental right to force sex upon his wife, classifying marital rape as a crime would be “excessively harsh.”
The petitions challenge a British-era law, established in 1860, that exempts husbands from prosecution for rape within marriage. This legal stance remains unchanged despite alarming statistics revealing that one in 25 women in India has experienced sexual violence from their husbands, according to a recent government survey.
Marital rape is already outlawed in over 100 countries, including the UK, which criminalized it in 1991. However, India remains among a small group of nations, including Pakistan and Afghanistan, that do not recognize this offense legally. Advocates for change argue that the notion of implied consent within marriage is outdated and that forced sexual relations constitute rape, irrespective of marital status.
The government’s response, outlined in a 49-page affidavit submitted to the Supreme Court, reflects deep-rooted patriarchal traditions that view marriage as a unique institution with its own set of laws and expectations. The home ministry contended that criminalizing marital rape could disrupt the conjugal relationship and the institution of marriage itself.
Opposition to the proposed legal reforms comes from various groups, including religious organizations and men’s rights activists, who argue that marriage inherently implies consent. The Supreme Court began hearing the case in August, following a split verdict from the Delhi High Court in 2022.
Despite the government’s assertion of existing protections under laws against domestic violence and sexual harassment, critics argue that these measures fall short of addressing the specific issue of marital rape. Human rights organizations, including the United Nations and Amnesty International, have echoed concerns over India’s stance, emphasizing the need for legal recognition of marital rape to safeguard women’s rights.
As the Supreme Court deliberates, the debate continues over the intersection of law, culture, and women’s rights in India, highlighting a societal divide that remains deeply entrenched.