India must criminalise marital rape

Over the past decade, shocking cases of rape and sexual assault in India have made headlines across the world. Until changes are made to the justice system, Sanjana Maheswaran, 16, argues that she cannot be truly proud to be Indian.

No means no. Although the statement is simple and coherent to understand, apparently India’s government cannot fathomUnderstand or make sense of an issue. or comprehend this phrase in the context of marriage. According to the Indian government, “it is not considered rape if a man forces sex or sexual acts on his wife, as long as she is over 18” — even though it is an involuntary sexual act which can constitute as nothing but rape and a direct violation of a persons right to their own autonomyThe right to make your own decisions.. The majority of female sexual assault occurs within marriage, however only 10% of women report their spouses due to a lack of action taking place by India’s legal system.¹

To further explore the deep rooted misogynyHatred of or discrimination against women. The term comes from the Ancient Greek “miso”, meaning “hate”, and “gyne”, “woman”. of the legalisation of marital rape, the concept of objectifying women and treating them as though they are property applies in this case. According to the Indian government, sex is a “continuing expectation of, by either of the spouses, to have reasonable sexual access from the other.” This statement is trying to justify coercing sexual acts on a non-consenting individual as “men have sexual needs”. According to Ntasha Bhardwaj, a criminal justice and gender scholar, the legalisation of marital rape “speaks to India’s acceptance of sexual violence”, showcasing India’s mindset on a husbands “ownership” to his wife.² Are we saying that in India, a married woman has no identity other than being a wife, no mind of her own, no boundaries, no expectations, no opinions and certainly no body? Does that sound right? 

To further exemplify this, marital rape victim Rashmi, stated that her husband used her as “only a toy for him which he thought he could use differently every night. Whenever we had a fight, he would take it out on me in bed”.³

“In our country, a woman is not thought of as an independent human being, as an independent citizen of the country,” says Mariam Dhawale of the All India Democratic Women’s Association. “She is like, sort of an appendageSomething that is attached to a large or more important thing. to the husband”.² An appendage, that’s it. As an ethnically Indian teenage girl, my home country continues to fight against my rights and does not allow me to possess my own autonomy. A woman is a woman regardless of marital status and should be according to law as well. 

The solution to this topic is simple. India must make marital rape against the law, and make efforts to support spousal abuse victims, provide them with care, helplines and proper legal action against abusers. Criminalising marital rape ensures that victims are properly accounted for and receive the justice they deserve. The legalisation of marital rape completely eradicates any and all efforts India has made to develop and evolve. One in 25 women India have faced sexual violence. Eighty-six women get raped daily and quite a large sum of that number is through their spouses.⁴

To conclude, be better, India. Be better for all the women who are getting raped by their own husbands who have no law helping them get out of their abusive household. Be better to all those young girls in our country who have no clue on how the world works. Be better for me, a person who wants nothing more than to be able to be fully proud of her home country. 

No means no.

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Keywords

Fathom – Understand or make sense of an issue.

Autonomy – The right to make your own decisions.

Misogyny – Hatred of or discrimination against women. The term comes from the Ancient Greek “miso”, meaning “hate”, and “gyne”, “woman”.

Appendage – Something that is attached to a large or more important thing.