Absolutely!
And why not?
Ours is a country hailed for its rich cultural values. Ours is also a country where marriage is treated highly sacred. And to protect these values and the sanctity of matrimony, our leaders, (whom unfortunately we have voted into such absolute power) have decided, marital rape cannot be criminalised.
But sadly, ours is also a country where any form of sexual harassment (especially towards women) is overlooked. Ours is a country where the husband is (supposed to be) treated like a god. Ergo, there can be no complaints against him.
Not even when he forces himself on his (supposedly) better half. Not even when he derives sinister pleasure inserting objects inside his wife and wounding her within and without.
In a written response to MP Kanimozhi’s query, whether the government will amend the Sec.375 of IPC which does not include marital rape within its purview, the Minister of State for Home Affairs stated-
“It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including the level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament.”
When we say that poverty and illiteracy, our social customs and values, the mindset of society, doesn’t admit the concept of marital rape, we faintly agree and accept the wrong that goes on in our society. We not only shy from taking notice after the UN had suggested that there is a huge number of marital rape cases in India, we take no responsibility to change it. We can only sit comfortably before our TV sets and participate in the women empowerment debates through the LED screens.
The Nirbhaya disaster was not the first of its kind. It was one like the many unreported incidents that, fortunately, everyone took notice of. The Verma committee which was constituted as a result of this, assumed a maternal fairness in dealing with such heinous crimes. Barely any of its recommendations have been made law. The lowering of the age of juveniles, for instance. So now, if a 16-year-old rapes, he can be tried as an adult. But what about the 14-year-old boy who rapes his 10-year-old classmate? Doesn’t that count as gruesome an incident? Or, the victim isn’t actually a victim because the culprit was a ‘juvenile’?
There should be a crime-based justice system, not an age based one. A juvenile and an adult for cases like rape should be tried equally. When a juvenile can commit an adult crime, why not be punished like one?
Although the Verma committee suggested criminalising marital rape by doing away with the exception to Sec.375 of IPC which states-
“sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.”
The lawmakers again dismissed it as a piffle saying that- “it would destroy the institution of marriage, perhaps doing more injustice”.
Well, isn’t it already an injustice to not only be bound to live with a rapist but also acknowledge him in the society as one’s husband? The exclusion should anyway be done away with, since, at the outset, it permits a wife to be of 15 years, whereas the legal age of marriage for girls is 18. Contradiction!
The other arguments in favour of keeping the law as it is have been coming thick and fast.
- If accused, it would be difficult to prove charges. -- So, make no law against it at all?
- Let injustice prevail because we cannot take the pains to examine the charges?
- Many might misuse such a robust provision. – So let the majority suffer this prejudice?
- It defiles the sacrament of marriage. – So keeping mum about the ruthless debasement of women preserves the sacredness of this divine institution of marriage?
· We have voted our leaders into power to represent us. Not to refute us. And this is the voice of the 620 million Indian women. Let’s not wait until it’s too late!
