The article was first published in Time on March 28, 2022.
Marital rape remains a contentious issue in India, where the law does not recognize it as a crime. This places India among the 36 nations, including Bangladesh, Iran, Nigeria, and Libya, where nonconsensual sex within marriage is still legal. Despite widespread evidence of the issue’s prevalence, the legal framework continues to shield perpetrators. A government survey conducted in 2018 found that 86% of women who reported sexual violence had been assaulted by their current or former husbands. Yet, the law criminalizes sexual assault only outside the marital bond, refusing to acknowledge such acts as “rape” within marriage. This legal distinction not only undermines the gravity of marital rape but also leads to lighter penalties, diminishing justice for survivors.
The broader societal and judicial structure in India reflects entrenched gender biases. The Indian judiciary, for example, has seen only 11 female judges in the Supreme Court since its establishment in 1950. Female representation in legal professions remains disproportionately low, further alienating women from systems that should protect their rights. These gender imbalances contribute to a legal environment that often sidelines issues affecting women, such as marital rape, and upholds patriarchal norms.
Recent legislative changes also highlight the state’s increasing control over women’s lives. The government’s decision to raise the legal marriage age for women from 18 to 21, though intended to promote gender equality, has sparked debate among feminists. Many argue that it could restrict young women’s autonomy by giving families more power to interfere in their personal choices, thereby compounding existing challenges.
Addressing marital rape in India requires both legal reform and societal change. Laws that exclude rape within marriage perpetuate the idea that women are obligated to submit to their husbands’ demands, denying them agency over their own bodies. Criminalizing marital rape would be a crucial step toward dismantling these harmful norms and acknowledging that consent is central to all relationships, including marriage. Furthermore, increasing female representation in the judiciary and legal profession could foster a more equitable system where women’s voices and experiences are adequately represented. Without such measures, the struggle for gender justice in India will remain incomplete…
Read More: Time
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