Breaking Silence On Marital Rape, Women Are Sparking A Movement And Breaking Taboos

Society. Such a small and simple word; yet its weight holds more complexity than most that exist. How can one word condemn and loom over us constantly? Regardless of our actions, we continuously think about one factor in India - Society. This writer doesn't understand how a mere term is affecting us so severely. It only takes one wrong action in society's largely unwritten rules and regulations to be judged and face shame and stigma. Society has woven a web of implicit rules that even the freest of butterflies would be aware of. A prime example of society's dreadful rules is the absurd superstitions and beliefs regarding matrimony.

Society depicts marital relationships as a sacred space for two individuals; it is said to be beautiful as you gain companionship, commitment, love, and a family. However, all of this requires trust between 2 people. So imagine my surprise when the pristine illusion of marriage that was put forth by society was shattered into fragments. However, can most females call it beautiful when the present and future generations are growing up to hear about the horrifying crimes taking place in marriages? Nuptials are magnificent, but only a certain population of women are fortunate enough to relish a healthy marriage.

So, what about the other half that suffers in a marriage? One can never imagine nor be in the shoes of a victim who undergoes emotional, physical, and financial abuse. Women commonly find themselves in gruesome and toxic environments, constantly being subjected to mental and physical pain, being isolated like prisoners, and feeling defeated and broken. Crimes such as domestic violence, dowry deaths, or honour killings - which are inflicted either by the husband himself, or his family - culminate in suicides of innumerable women. You see, even the government has made provisions to help women during these situations; then why do so many turn a blind eye to the desolate reality of the gruesome crimes of marital rape?

Marital rape occurs when a husband forces sexual intercourse upon his wife, often through threats or without her consent. It is a heinous violation of trust, where the very person a woman expects safety and respect from becomes the source of her trauma. Yet, society's deep-seated denial of this crime leaves countless women questioning its legitimacy. Phrases like 'It's normal, he's your husband' are repeated endlessly, silencing survivors and normalising abuse. A lack of education and awareness perpetuates this ignorance, as many women fail to recognise marital rape as a crime distinct from other forms of sexual violence.

Counsellors like those at Shakti Shalini note how survivors struggle to distinguish between spousal rape and assault by strangers, further isolating them. When these women seek help, they are often met with indifference or outright dismissal. A report by Deccan Chronicle highlighted a 26-year-old victim whose in-laws dismissed her cries for help, saying, 'You're married to satisfy his needs.'

Law enforcement is no better. In an article by journalist Urmi Bhattacharyya, a survivor recounted being mocked by police officers who said, 'He's your husband,' as though those four words justified the repeated assaults. Instead of offering protection, they dismissed her with, 'You look fine. Why are you wasting our time?'—a chilling reminder of how far we have strayed from the duty of safeguarding individuals in distress.

Society's silence around marital rape is deafening, as if speaking of it aloud would shatter the illusion of marital sanctity. Why is it assumed that marriage equates to perpetual consent? Why does a wedding strip a woman of her right to say 'no'? It's time we confront these questions and recognise marital rape for what it is: a grave violation of human rights, hidden under the guise of cultural norms.

Many countries have recognised marital rape as a criminal offence, setting a global precedent for protecting women's rights within marriage. In 2006, Nepal became the first South Asian country to criminalise marital rape, marking a significant step forward in combating gender-based violence. Within Europe, nations such as Sweden, Germany, and France have criminalised marital rape, emphasising the universal right to consent regardless of marital status. France abolished the marital exemption for rape in 1990, reinforcing that sexual violence within marriage is equally intolerable. The United Kingdom criminalised marital rape in 1991, showcasing its commitment to addressing this severe violation of human rights. In the United States, marital rape is considered a criminal offence in all 50 states, with Nebraska being the first to pass such legislation in 1975. However, laws and enforcement vary widely across states, highlighting the ongoing challenges in fully addressing this issue.

The Indian government has acknowledged that marital rape does occur and has made provisions like Section 63 of BNS, also most commonly known as the marital rape exception. The exception is “Sexual intercourse or sexual acts by a man with his wife, the wife not being under eighteen years of age, is not rape.” This statement acknowledges protection for minors under 18, but simultaneously denies protection to adult married women. Still, this statement also gives a married man the right to rape his wife if she is 18+; they will be exempted due to this legal sanction.

Another significant provision to examine is IPC Section 376B, which provides an exception in certain cases ” Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.” Another critical provision to consider is Section 3(a) of the Domestic Violence (DV) Act: harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse. The punishment for the same is also given under Section 498 (A)“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine

Another law to take notice of is the MTP Act, which allows married women to terminate a pregnancy within 20-24 weeks of pregnancy without the consent of their husband. The Supreme Court of India judgement has held that Married women too are survivors of sexual assault or rape. Married Women should be able to abort regardless of the current debate regarding whether it is rape within the context of marriage. “A woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband. The effect of compelling a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her. The judge also stated in the section in the MTP Act 3(b)(a) that it isn't essential for a woman who has faced assault or rape to seek a formal legal proceeding to prove the assault or rape to acquire the termination.

A central concern raised by the government is that the criminalisation of marital rape could be misused as a tool to harass husbands. The Union of India has argued that false case registrations are already a significant issue in India under various provisions, such as dowry harassment and sexual assault, and similar misuse could extend to marital rape. It further contended that if every sexual act within marriage were potentially classified as marital rape, the determination would rest solely on the wife's testimony, creating evidentiary challenges since sexual acts between spouses often leave no lasting physical evidence. While this concern about misuse cannot be dismissed outright, it raises a deeper question: Should the fear of false cases outweigh the rights of thousands of women experiencing marital rape who currently have no legal protection or recourse? Denying recognition to marital rape on the grounds of possible misuse risks perpetuating a system where women's dignity, bodily autonomy, and fundamental rights remain unprotected within marriage.

The government is already tackling the issue of false cases through investigations. It is understandable that the stance “10 guilty persons should escape rather than that 1 innocent suffer” is withheld after all. On the one hand, if a person is wrongfully convicted, society will have a lack of trust in the system and the governance, whereas on the other hand, thousands of women remain unable to report marital rape due to the exception, leaving them without legal recourse.. Is it wrong for women to want a sense of safety, hoping that their voices are indeed heard by society, and to feel a sense of justice? Currently, thousands of women know that even though they tried, their perpetrators escaped and are walking free on the street, being aware of the fact that they could prey on other women. They, too, would go through such an unfortunate experience. While it is understandable that marital rape is filled with complexity and raises quite a lot of questions. However, is it not more just to choose conviction rather than risk allowing injustice through unwarranted acquittal?

Views Are Personal.