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Marital Rape Must Be Criminalized

By Our Editorial Team
First publised on 2022-05-12 03:44:39

About the Author

Sunil Garodia The India Commentary view

The Delhi High Court, after marathon hearings where it was assisted by two amici curiae, has delivered a split verdict on marital rape. While Justice Rajiv Shakdher believed that the exception granted to husbands in IPC Section 375 violated a host of Articles in the Constitution and hence needed to go, Justice C Hari Shankar held that the exception was based on intelligible differentia and was hence reasonable. The court granted a certificate for appeal to the Supreme Court as substantial questions of law were involved.

Earlier, Karnataka HC had allowed a trial in a marital rape case saying that forced sex by a husband with his wife was also rape. Since there is a difference of opinion and interpretation of the exception in Section 375 by various high court judges, it is imperative that the matter is heard by a constitutional bench of the Supreme Court. For, despite the Centre's invocation of the 'sanctity of marriage' and the averment that 'all husbands are not rapists', the fact remains that marital rape is a reality and it crushes a woman’s dignity to be sexually abused by her husband against her will.

India remains one among a handful of nations that have not yet criminalized marital rape. This situation must change. Since the government has, during hearings in all such cases, made its view known, little can be expected by way of change in the law through legislation. Hence, it is upon the Supreme Court to examine the matter and decide whether a husband has absolute right over the body of his wife and can force himself upon her as and when he pleases whether she is ready or likes it or not. Marital rape needs to be criminalized for the simple reason that a wife has the right to say no on a given day due to a host of reasons and the husband needs to understand that. That is the real sanctity of marriage. If not, he should be penalized for being a rapist. 

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