When a stranger does it, he has no idea who I am, and I have no idea who he is. He isn't doing it to me as an individual. But when your husband does it, that becomes personal. You say he knows who I am and he is aware of my emotions. It's such a personal abuse that he knows me so well and then does this to me.
We read a lot of stories of sexual assault every time but we rarely talk about women facing sexual assault by her husband on daily basis. Doesn't this hit you hard? Think of a situation where you have to compromise with your dignity every day and you can't even express that you are sexually abused by your husband.
Patriarchal Structure That Controls Indian Women
Women have long been considered the property of their significant others or guardians under the patriarchal structure that controls Indian families.
As a result, rape was regarded as a robbery of women's property as well as a crime against a spouse or guardian. This belief system has influenced our legislators to disregard the crime of spouse rape by granting it the shield of the spouse's wedding right, thereby silently tolerating that women are nothing more than a protest of her better half's sexual satisfaction, with no will of her own over her sexuality judgment
Yes, it is the twenty-first century, and yes, society is evolving, but these are the crimes that we do not discuss, and many women are unaware of.
Well, the term when women face such sexual abuse is called Martial Rape.
What is the term Marital Rape?
The act of sexual intercourse with one's spouse without the consent of the spouse is known as marital rape or spousal rape. The absence of permission is the most important factor, and it does not have to be accompanied by physical assault. Marital rape is a type of domestic violence and sexual assault that occurs while two people are married. Although sexual intercourse within marriage was once considered a right of spouses, many countries around the world now consider it rape, which is condemned by international conventions and increasingly criminalized.
Marital Rape: Not A Crime Under Indian Penal Code
Indian husbands are allowed to rape their wives without fear of repercussions.
In India, marriage is a permit to rape. When it comes to marriage, "no" does not mean "no."
Let's put it another way: if a guy rapes his wife, India's rape laws do not apply.
"Section 375 of the Indian Penal Code defines rape as "non-consensual sexual intercourse with a woman." It does, however, exclude the husband from any criminal penalties if he forces intercourse on his wife without her consent if she is over the age of 15. The Supreme Court reduced the 15-year sentenced to 18 years. In India, marriage is defined by the law as an irrevocable implicit consent.
The Recent Decision Of The Chhattisgarh High Court Comes As No Surprise
The recent Chhattisgarh High Court judgement, which has been widely criticised, should come as no surprise. After all, when the distinguished Chhattisgarh High Court judge NK Chandravanshi released a man accused of raping his wife by declaring that sexual intercourse between a man and his wife is not rape, even if it is forced or against her will, he was simply citing from the law of the land.
Surprisingly, Indian High Courts have frequently disagreed on the legitimacy and definition of marital rape. The Kerala High Court has declared that, even though marital rape is not a criminal offense, it can nonetheless be used as a basis for divorce as a kind of cruelty. According to the Kerala High Court, "Marital rape occurs when a husband treats his wife's body as if it belongs to him and commits a sexual act against her will. Bodily integrity is included in the right to respect for one's physical and mental integrity, and any disrespect or violation of bodily integrity is a breach of one's autonomy."
A Social Shame Silences Women's Voice Against Her Husband.
Rape is not only cruelty against women, but also a grave violation of a person's fundamental right to life and individual liberty. The fact that there is a link between the victim and the perpetrator has no bearing on the outcome. In this way, it's not fair to assume that sex with one's spouse is a privilege bestowed upon a husband by marriage.
Marital rape is related to social shame because it silences a woman's voice against her husband, who makes use of his advantageous position to shatter her trust and individual reliance. It has been proven that marital rape is more traumatic, with long-term physical and mental consequences. As a result, in a few countries, marital opposition to spouses has been reduced. Defining spouse rap as a non-criminal offense. Our state is failing to fulfill its commitment to ensuring sex equity, which includes protection from wrongdoing and manhandling, by decriminalizing husband rape.
Human dignity is a basic right : Article 21
Article 21 of the Indian Constitution is also violated by Exception 2. Article 21 declares that no one shall be deprived of his life or personal liberty except by the Supreme Court has construed this term to imply more than just the literal protection of life and liberty in several decisions.
Instead, it has ruled that the rights enshrined in Article 21 include, among other things, the rights to health, privacy, dignity, secure living circumstances, and a healthy environment.
Sexual Privacy is a legal right.
The Supreme Court holds that under Article 21, a person's right to privacy is inalienable. Article 21 of the Constitution guarantees the right to privacy, which includes the right to be able to sit without being troubled or annoyed. The right to protection and sexual security is harmed by any sort of intensive sex. It is argued that teaching marital exclusion to rape endangers a married woman's right to protection by forcing her into a sexual relationship she does not desire.
Right To Self-Assurance
Even though the Constitution does not explicitly mention it, the right to substantial self-assurance can also fall under the scope of Article 21. Such a right exists in the larger system of the right to life and personal liberty. The concept of the right to self-assurance is based on the belief that the individual is the final authority in areas directly related to her or his body or wealth, and that the more private the decision, the more powerful the person's privilege.
Major Takeaways
In India, marital rape is not prohibited. It is unquestionably a genuine form of mistreatment of women that warrants the attention of the government. Women who have been raped by their spouses are more vulnerable to various attacks and frequently experience long-term physical and emotional problems. In this case, marital rape is far more terrifying for a woman because she must live with her perpetrator daily. Because the consequences of marital rape are so severe, prosecution of the crime is necessary.
Yes, it shudders, but we live in a culture where most people believe that when an Indian woman marries, she gives her husband a never-ending, irrevocable, and permanent permission that can only be reversed until death separates them.