From: NAPM India <napmindia@napm-india.org>
Date: Fri, May 3, 2013 at 4:15 PM
Subject: [initiative-india] NAPM's Forthnightly Newsletter 'Footprints', Volume One, Issue 2
To:
Footprints - NAPM's Forthnightly Newsletter, Volume One, Issue 2
Simply defined rape is an un-consented, forced act of sexual intercourse irrespective of gender. However Indian laws still refuse to acknowledge marital rape as a criminal act with the current Criminal Law (Amendment) Ordinance 2013 disregarding the Verma Commission's recommendations. The Ordinance, remaining loyal to the Criminal Law (Amendments) Bill 2012 and other predecessors, states that marital rape is not an offence if the wife is above 16 years of age obviously forgetting that child marriage is a criminal act. In the same breath the ordinance fixes the Age of Consent at 18 years. Such is the absurdity of our legislators.
This reluctance to acknowledge marital rape as a serious offence is justified as saving the institution of marriage from dissolution. An institution's success is dependent on the well – being of the individuals who are a part of it. Economic independence and socio – political emancipation mean nothing if women do not have the right to their own bodies. The Verma Commission report clearly states that rape and sexual assault are an expression of power. Let's take off the feminist glasses and even then marital rape grossly violates the right to life as it causes physical, mental and emotional harm. Hence the State should uphold this fundamental right as it is not in conflict with the directive principles nor does it threaten the integrity of the nation By continuously turning a blind eye the state is not only going against the promise to ensure to all its citizens justice, equality but also against the UDHR, CEDAW and other international charters.
Status quo supporters feel that criminalising forced sexual relations in a marriage could victimise husbands, making it easy for wives to walk away from the marriage with a hefty compensation which is a valid argument but are we to ignore the many women who are victims of marital rape? Such conundrums test the efficiency of a system and so it is up to our legislature and judiciary to build a strong system, putting their analysis and reasoned foresight to the test.
Most importantly the approach should also be holistic providing complete protection from possible future threats from the in – laws, compensation and maintenance for her well being especially if she cannot return to her maternal home, a safe house while the case is going on and the judgement is passed.
This reluctance is inexcusable especially at time when we have ascribed legal status to live – in relationships and provided protection against harassment at the workplace. It is a reflection of a society striving so hard to fit into the contours of the modern world but refuses to let go completely of its archaic notions.
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