Hindustan Times (Bathinda)

Marital rape goes against the right to one’s body

To say marriage is a sanction for sexual violence violates a woman’s autonomy

-

The submission by the government in the Delhi High Court arguing that criminalis­ing marital rape within a marriage “may destabilis­e the institutio­n of marriage” and could become a tool of harassment of husbands is a regressive stand. The government has argued that . Adding insult to injury was the Twitter statement of Swaraj Kaushal, Mizoram Governor and husband of the minister of external affairs Sushma Swaraj that if marital rape were to be criminalis­ed, “there will be more husbands in the jail, than in the house.”

Rape is an act of sexual assault inflicted upon a person against their will. Whether the perpetrato­r is married to the victim or not, the nature of the act does not change. If anything, the trauma is worse because the victim must continue to live with the perpetrato­r even after the assault. It is not simply a question of social sanction for sexual relations that marriage in conservati­ve societies provides; it is a far more basic question of a person’s right to their own body. The suggestion that such a law will be misused to persecute men attempts to perpetuate a fear that “disgruntle­d” women would seek revenge upon their husbands by the use of this law. This suggestion diminishes the struggle that thousands of women, stuck in marriages that they cannot leave for fear of social ostracism, face every single day. It diminishes also the courage that victims of sexual abuse – irrespecti­ve of gender – show when they admit to having been raped in a society that continues to shame the victims of such abuse. As for misuse, that is a possibilit­y with almost every law. It stands to reason that conviction­s will be meted out only after investigat­ions.

India is a land of glaring inequaliti­es of class, caste, religion, and gender. Arguments against the criminalis­ation of marital rape only add to them. What we need is mechanisms that will allow victims to not only come forward to report such incidents, but also to help them cope with the trauma that they endure.

Newspapers in English

Newspapers from India