Ok, so here we’re talking about #maritalrape.
What do you think? I mean many people here must be brought up in a typical indian society and now just wondering…’What’s this all about ! Marital and rape! There couldn’t be any connection… Marriage is a license of free sex , right?’
Wrong… Yes, according to our culture and law, husband-wife can have sex freedom but what about that nonconsesnsual sex?
You must be laughing thinking’ What the heck, where did that come from?’
Yes, we just neglect this matter like we, women are always used to neglect any public harassment, uncomfortable touch, eve-teasing etc until it reaches at the level of rape.
Yes, rape, any nonconsensual intercourse, is a big deal for us until it comes to marital rape.
So, what’s the marital rape? – nonconsensual intercourse with your spouse after marriage.
The definition of rape codified in Section 375 of the Indian Penal Code (“IPC”) includes all forms of sexual assault involving nonconsensual intercourse with a woman.However, Exception 2 to Section 375 exempts unwilling sexual intercourse between a husband and a wife over fifteen years of age from Section 375’s definition of “rape” and thus immunizes such acts from prosecution. As per current law, a wife is presumed to deliver perpetual consent to have sex with her husband after entering into marital relations. While unwilling sexual contact between a husband and a wife is recognized as a criminal offense in almost every country of the world. But the most abusive thing is there are even 36 such countries who doesn’t even recognize it and India is one of them.
Article 14 of the Indian Constitution ensures that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Although the Constitution guarantees equality to all, Indian criminal law discriminates against female victims who have been raped by their own husbands.An analysis of National Family Health Service (NFHS) 2015-16 data declared that the average Indian woman is 17 times more likely to face sexual violence from her husband than from others.
And why does it matter? Because we atleast consider rape as an illegal offense but regarding marital rape… We just tell our daughter, our sister to go and manage as what will she do? Divorce? Court case? For such an insane tiny cause! Funny is it?
Cause can be anything , but that feeling which a woman will experience at the time of rape will remain same. So particularly we are sending our women back to the den of that rapist from whom we’re trying to save her all the time. Is there any difference at all?