Marital rape (also known as spousal rape and rape in marriage) is non-consensual sex (i.e., rape) in which the perpetrator is the victim’s spouse. It is a form of partner rape, of domestic violence and of sexual abuse.
But on Wednesday, the government told Rajya Sabha that the concept of marital rape cannot be applied in the country since marriage was treated as a sacrament or sacred in the Indian society.
This decision was taken against the backdrop of the UN Committee on Elimination of Discrimination against Women recommending India to criminalize marital rape.
“It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament,” Member of Parliament, Haribhai Parthibhai Chaudhary, said in a written reply to a question from Dravida Munnetra Kazhagam’s (DMK) Kanimozhi Karunanidhi.
Kanimozhi had questioned the home ministry if the government will bring a bill to amend the IPC to remove marital rape from the definition of rape and if it was true that the United Nations Committee on Elimination of Discrimination against women had recommended India to criminalize marital rape.
To her question, Chaudhary replied by saying,”The Law Commission of India, while making its 172nd Report on Review of Rape Laws did not recommend criminalisation of marital rape by amending the exception to Section 375 of the Indian Penal Code and hence presently there is no proposal to bring any amendment to the IPC in this regard.”
She had also stated that according to the UN Population Fund, 75% married Indian women faced marital rape and asked if the government was aware of that.
In opposition to Chaudhary’s statement, Brinda Karat from Communist Party of India (Marxist) said that no woman can be subjected to forced sexual acitivites even if there is a valid marriage certificate available.
“Rape occurs when there is no consent of the woman for sexual act. So, it is rape when there is no consent from the woman. A marriage certificate does not change that. A marriage certificate can not become the license for forced sex. Marriage is sacrosanct because its between two consenting adults. That has to be the concept of marriage,” she said.
