Delhi Court rules forced sex within marriage is not rape.
In a ruling made public on May 13, 2013, a Delhi judge ruled that if a woman is legally married, forced sex is not a crime. The law decrees that “The prosecutrix (the wife) and the accused being legally wedded husband and wife, and the prosecutrix being major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the accused”.
Earlier this month a woman was told by Delhi High Court that though she was allegedly forced into marriage and then raped by her husband, it did not legally constitute rape. This law is especially of concern as arranged marriages are still very prevalent within Indian society, and child marriage persists.
Common belief is that by not considering rape within marriage as an offence, it protects Indian traditional family values, and the beliefs that a husband is a woman’s sole provider and protector, and by her going against his values, she is thus challenging her husband. Indian courts can grant a husband a divorce if their wife is denying them of sex, as she is considered not capable of upholding her end of the marriage contract.
In India, there is a stigma to rape, whereby if a woman is unmarried and is raped, her reputation is tarnished. In order to protect her reputation, it is then considered appropriate to marry the rapist. The idea that it may be the woman’s fault is even depicted within Bollywood. Hamara Dil Aapke Paas Hai casts Aishwarya Rai as a woman who was raped, and given the option to marry her rapist, which she denies. Her family disowns her, as she is considered “unclean”.
In 2007, a man allegedly raped a 16-year-old girl, and then married her within her family’s presence before the conclusion of the trial. Imrana, a 28-year-old woman, was raped by her 69-year-old father-in-law in 2005, and was told by the local council that she should regard her husband as her son now, as her marriage to her husband was now void as she had sex with her father-in-law. Imrana’s husband stood by her side, and her father-in-law was convicted of rape and sentenced to 10 years in jail.
In 2011, the International Center for Research on Women stated that 1 in 5 Indian men had admitted to forcing their wives to have sex. In early 2000, a United Nations survey revealed that two-thirds of married Indian women reported having been forced into having sex with their husbands.
Though India has become stricter with laws on rape, including increased punishment for acid attacks, stalking, voyeurism and higher sentences for rape convictions, by not including rape as possible within marriage it is forcing married women to stay silent against abuse.
In order for India to be respected as a progressive country, shoudn't laws give women the respect and rights that they deserve?
Don't forget to drop us a line about the recent Delhi court ruling.
Featured Image: thedailybeast
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