Opinion |
Marriage represents one of our most private, intimate spaces. It is this feature that also renders it uniquely prone to violence and abuse. Unfortunately, it is easier to make the case for why intervention is warranted to address marital violence, than for what the appropriate response ought to be.
Through an analysis of the recent split verdict of the Delhi High Court on the issue of criminalising marital rape, this article identifies the thorny issues we are confronted with while seeking to find a solution in criminal law: first, the lack of nuance in rape laws that adequately accounts for the different forms and degrees of non-consensual sex; second, the issue of consent in intimate relationships where there may be social (and/or legal) expectations of sexual relations; third, the overarching emphasis of the law on preserving marital relations, often at significant cost to personal autonomy; and fourth, the difficulties of securing justice for women through the criminal legal system, given its patriarchal (and even misogynistic) leanings.
