FB   
 
Powered bysps
        Society for Policy Studies
 
 

 
Rape in marriage: Still a violation of consent and therefore rape
Updated:Sep 1, 2017
 
Print
Share
  
increase Font size decrease Font size
 
The Union government recently told the court that marital rape should not be criminalised, because what an “individual wife” considers rape may not appear the same to others, and because this would destabilise families and be used to “harass husbands”. In this upside-down view, the hassle of seeking redress for sexual violence is the problem, not the violence itself.
 
Across the world, legal frameworks have struggled with the question of marital rape. Some countries, like India, treat it on par with domestic abuse and subject to civil remedies, and criminalise it only if the spouses are separated or if the woman is a minor. Apart from the social reflex that assumes that men have a right to their wives’ bodies, the burden of evidence has also been held up as a reason to exempt marital rape – how would one prove that a woman has not consented in this specific instance? But the high hurdles of proof and the cultural bias against accepting the crime, should be all the more reason to legally recognise the crime for what it is.
 
One by one, most progressive legal systems now recognise that spousal rape is a crime, India being one of the shameful exceptions. Statistics prove that Indian women face the greatest violence and trauma in their own homes; marital rape is usually a long-running pattern of abuse. Recognising it as such is a crucial test for any jurisdiction that claims to treat women as equal citizens.
 
 
 
 
 
Print
Share
  
increase Font size decrease Font size
 

Disclaimer: South Asia Monitor does not accept responsibility for the views or ideology expressed in any article, signed or unsigned, which appears on its site. What it does accept is responsibility for giving it a chance to appear and enter the public discourse.
Comments (Total Comments 0) Post Comments Post Comment
Review
 
 
 
 
spotlight image Thailand will be the coordinating country for India within ASEAN from July. In an exclusive interview with INDIA REVIEW & ANALYSIS, the fortnightly journal of the Society for Policy Studies (SPS),  Thailand’s Ambassador to India, Chutintorn Gongsakdi, gave a comprehensive view of bilateral relations and
 
read-more
The struggle for autonomy has been going on within the Indian Institutes of Management (IIMs) from their inception, writes P.D. Rai
 
read-more
As India and the 10-nation ASEAN bloc culminate the commemoration of 25 years of their dialogue partnership with a summit in New Delhi January 25 that all the leaders will attend, India is laying out the crimson carpet to ensure that the first ever Republic Day celebrations at which 10 ASEAN leaders will be Chief Guests, jointly, is a
 
read-more
Afghanistan's leaders have asked the Security Council to mobilise international pressure on Pakistan to stop supporting terrorists, United States Permanent Representative said on Wednesday. Speaking to reporters here after the Council's weekend visit to Afghanistan and meetings with the nation's leaders, Haley said, &l
 
read-more
As the Myanmar government’s violent policy towards its Rohingya Muslims drew increasing international condemnation in 2016, the country’s sometime icon of democracy, Aung San Suu Kyi, declined to speak out for the persecuted minority.
 
read-more
“We have a very solid commitment to climate action,” he said. “We cannot be defeated by climate change and we are not yet winning this battle” and the biggest victims of climate change are the developing countries that are members of the Group of 77 (G77).
 
read-more
In a bid to promote trilateral innovation and business opportunities between the US, India, and Israel, Israel-India Technology Group has launched a trilateral fund of $50 million. "We ar...
 
read-more
Column-image

The Tehreek-e-Taliban Pakistan (TTP) has for the first time claimed responsibility for the assassination of former Pakistani Prime Minister Benazir Bhutto in a new book in written by Taliban leader Abu Mansoor Asim Mufti Noor Wali.

 
Column-image

Title: Salafi-Jihadism -The History of an Idea; Author: Shiraz Maher; Publisher: Penguin Random House UK: Pages: 292; Price: Rs 499

 
Column-image

A Review of Anatomy of Failure by Harlan K. Ullman (Naval Institute Press, 242 pages)

 
Column-image

Title: The Beckoning Isle; Author: Abhay Narayan Sapru; Publisher: Wisdom Tree; Pages: 157; Price: Rs 245

 
Column-image

Title: India Now And In Transition; Editor: Atul Thakur ; Publisher: Niyogi Books: Pages: 448; Price: Rs 599