Of sacrament & sacrilege

 To a question whether marital rape is likely to be criminalised in India, the Minister of State for Home, Haribhai Parthibhai Chaudhary, gave a baffling reply, stating that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors. These factors were the level of education, illiteracy, poverty, myriad social customs and values, religious beliefs and the mindset of society to view marriage as a sacrament. According to a study, about 75 per cent of married women in India are subjected to marital rape, reinforcing the fact that we might be into the 21st century but archaic feudal attitudes deny women their basic rights.

When sex is obtained by force, a threat of force, or physical violence, it is a violation of marriage as an intimate bond in which both husband and wife are equal partners. Indian laws on marital rape as mentioned in Sections 375 and 376 of the IPC have to be amended to give the woman the right over her body. A man can be punished for rape with imprisonment and fine "unless the woman raped is his own wife". Similarly, the Indian Evidence Act prevents evidence of marital rape from being admissible in court. How can the sexual trauma and emotional pain in such an intimate relationship be ignored? 

Unless the suggestion of the 172nd Law Commission is accepted, proving marital rape in court, combining the provisions of the Domestic Violence Act and the IPC, is virtually impossible. Surely, a married woman cannot lose her individuality and the right to honour and dignity. Are these not fundamental human rights, irrespective of marital status, education or economic background? It's high time we stopped using the shield of social customs and religious beliefs to endorse retrogressive interpretations of law. Ironically, within her marriage a woman can protect her right to life and liberty, but not her body. Marital rape is not a sacrament but a sacrilege.