Marital Rape Must Be Criminalized
The India Commentary view
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By Our Editorial Team
First publised on 2022-05-12 03:44:39
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The India Commentary view
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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 womanâs 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.
