Tag Archives: Sex eduation

In 2017, the Supreme Court of India refused to hear a case involving the marital rape of adult women. Recent Indian High Court judgements have also been conflicting, with one supporting marital rape as a viable reason for divorce and another granting anticipatory relief to a man. Why do inequalities continue notwithstanding the suggestion of the Indian Justice J.S. Verma Committee to criminalise marital rape?

There are exceptions to marital rape, which is in contrast to other sexual offences that have no such exemption for marriage. A spouse who rapes his wife faces the same charges as any other male for sexual harassment, molestation, voyeurism, and forceful disrobing. The Supreme Court of India ruled in Joseph Shine v. Union of India (2018) that the charge of adultery was unconstitutional since it was based on the idea that a woman is her husband’s property after marriage.

Then there is the marital rape exemption, which reveals a patriarchal belief: that when a woman marries, she gives up her right to personal and sexual autonomy, physical integrity, and human dignity. It is not immediately evident if there is an underlying logic for this relatively narrow exception. The exception is incompatible with other sexual offences, which do not provide an exemption for marriage.

The Kerala High Court ruled that a husband’s sexual perversions against his wife amounted to mental cruelty and so provided grounds for divorce. On the other hand, while acquitting the accused spouse, the Chhattisgarh High Court ruled that the rape case made under Section 376 of the Indian Penal Code was erroneous and unlawful. As the law on marital rape now stands, both the high courts were correct in their approach, but the Kerala High Court was praised more for its progressive viewpoint.

Some people believe that if marital rape is criminalised, it may lead to fraudulent complaints being filed against spouses. It also believes that the authorities will have a tough time proving such allegations beyond a reasonable doubt. In the absence of facts, the fear is unwarranted. Furthermore, there are legal mechanisms in place to deal with bogus cases.

If legal remedies are determined to be ineffectual, they may be altered appropriately. It is past time for Indian courts to re-establish women’s dignity, equality, and sovereignty. The Indian Parliament has already passed up opportunities to make reforms on this delicate topic. Eliminating the provision for marital rape would demonstrate the country’s rape intolerance.

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