The Indian government has recently stated that criminalizing marital rape would be considered excessively harsh, dealing a setback to campaigners advocating for change. Currently, Indian law does not classify non-consensual sex within marriage as rape, citing an exception in a British colonial-era law. This stands in contrast to many Western countries where marital rape is illegal.
According to the United Nations Population Fund, approximately 40 countries lack legislation addressing marital rape, and in those that do, penalties for such offenses are often lower than for other forms of rape.
Advocates in India have long pushed for an amendment to this law, with the Supreme Court currently reviewing petitions on the matter. The government's Ministry of Home Affairs argues that while men should face consequences for forcing themselves on their wives, criminalizing marital rape could severely impact the institution of marriage.
Opponents of the government's stance view it as a step back for women's rights in a society where sexual violence is prevalent. They argue that consent should be respected within and outside of marriage, and that current laws are insufficient in protecting women from abuse.
Despite recent legal reforms in India, the exemption for marital rape remains unchanged. The country has grappled with high rates of violence against women, with several high-profile cases sparking public outrage and calls for better protection for women.
Advocates for criminalizing marital rape emphasize the need for cultural change alongside legal reforms. They believe that recognizing marital rape as a crime is essential in shifting societal attitudes towards gender-based violence.
While women in India have some legal avenues to address abuse within marriage, advocates argue that existing laws are inadequate. Women often face challenges in reporting abuse and seeking justice, especially if they are financially dependent on their spouses.
Despite concerns about false accusations, proponents of criminalization stress that women's equality and safety should take precedence. They argue that the sanctity of marriage is disrupted by perpetrators of violence, not by those seeking justice.
As the debate on marital rape continues in India, the Supreme Court's decision on this issue will have far-reaching implications for millions of people in the country.
