While denying bail for a mother whose daughter-in-law had claimed that her father-in-law and husband had raped her with the woman’s consent, Justice Divyesh Joshi made this statement.
The seriousness of the remarks is increased by the fact that the husband’s family members were also participating in the sexual offence. The judge noted that there are many different types of sexual violence and that some of them are often dismissed as trivial. However, they will negatively impact survivors and society in a long-lasting and harmful way.
Source: Law and Other Things
The judge’s comments should help make the case for making marital rape a criminal offense throughout the nation. There is an exception in Indian law that shields a husband from being accused of rape, unless the wife is under the age of eighteen. This provision is still in place in the recently passed Bharatiya Nyay Sanhita, 2023, which the government claims has “decolonized” Indian law. It is difficult to understand how this clause aligns with women’s equality rights.
Although it is said that the new rules prioritise crimes against women, they nevertheless uphold the patriarchal belief that males are superior to women in all areas, including sexuality. Additionally, this goes against the notion of consent that is fundamental to marriage. A woman does not cede control of her body to her spouse when she gets married.
The Supreme Court is currently considering petitions arguing that discrimination against women qualifies as an exemption to the marital rape statute.
Source: CNN-News 18
In March 2022, the Karnataka High Court granted permission for a man’s prosecution for rape in marriage. However, the central government has informed the court that it opposes criminalizing marital rape due to the potential damage it would do to the institution of marriage.
This is a false belief since, in order for a marriage to be deemed strong, it must be founded on the consent of both parties and their mutual respect. The failure to grant a woman the right to her body is motivated by ingrained notions and practices of gender inequality as well as social, economic, and cultural factors. It also has a political component. The nation should strive toward sexual equality since it is a necessary component of equality.
What do you think about this? Comment below.
