Special Cover: The issue of marital rape in India

Marital rape remains an issue in the under-provisioned backgrounds of Kerala. Many marital rape victims are afraid to speak about their plight to mainstream society. The India Bulletin wants to know why marital rape remains an issue in Indian societies.

Ms. X (names changed under request) from the rural area of Malapurram is nursing her injuries. The 18-year-old girl was the brightest of her peers in academics. However, her poor parents married her off to Y who earned a respectable income from an overseas Middle-Eastern job. From day one, it was hell for the new bride. She had complained to her in-laws about persistent bleeding from private parts. However, they largely ignored her. Finally, she summoned the courage to notify her parents. However, Mr. Y divorced her on grounds that his bride did not consent to intercourse with him. Ironically, the divorced bride is happy. She aspires to continue her education and become an advocate. She says that she wants to become an advocate to girls of her own community who toil under the overarching patriarchy.

Marital rape has long tarnished the cultural ambiguity of India. On the contrary, India, among other 36 countries does not have to resound laws to criminalize marital rape. Though child marriage is a discouraged norm in India, it is a common practice still in rural villages. While Section 375 of IPC criminalizes the practice of rape, most marital rape offenders escape with the exemption of Section 2.

Why Marital Issue Still Prevails?

Many factors affect India from instituting a competent legal retribution system for marital rape. Most legal experts observe that marital rape will remain an issue due to the outdated IPC. Moreover, male patriarchy prevailing in the Indian society transgresses the rights of women. The overarching male patriarchy subjugates the rights of women, attempting to decide their fates. India still considers marriage and families as the quintessential building blocks. In a pursuit to marry off their daughters, the parents take little time in educating her about the intercourse process.

The alarming law structure

Deccan Herald had quoted former Chief Justice of India Dipak Misra saying, “because it will create absolute anarchy in families and our country is sustaining itself because of the family platform which upholds family values”. A Times of India report also outlined, “This country has its own unique problems due to various factors like literacy, lack of financial empowerment of the majority of females, the mindset of the society, vast diversity, poverty, etc. and these should be considered carefully before criminalizing marital rape.”

Thus, the starkly differentiating cultural circumstances of India and western ideologies impediment India’s legitimizing of a law that frowns upon marital rape. Though a 2017 Gujarat HC outlined the autonomy of women saying, “It has long been time to jettison the notion of ‘implied consent’ in marriage. The law must uphold the bodily autonomy of all women, irrespective of their marital status”, still the polity and civic members are yet to catch up with the issue.

Thus, when will the law structure progress to legitimize the plights of women who suffer marital rape?