Marital Rape Exception in India: A Call for Legal Reforms
The foundational ideals of India's democracy promise equality, dignity, individual agency, privacy, and bodily autonomy for all citizens, as reinforced by the Constitution and the Supreme Court. However, these principles are undermined by the marital rape exception in Indian law, which exempts husbands from punishment for non-consensual sex with their wives who are not under 18.
Legal and Moral Issues
- This exception is a remnant of colonial-era patriarchal values that treat wives as property.
- The National Family Health Survey-5 (NFHS-5) reports that 83% of women who experience sexual violence identify their current husband as the perpetrator.
- The existing legal framework inadequately addresses sexual violence within marriages, often turning homes into spaces of potential violation.
Calls for Reformation
- The Justice Verma Committee Report (2013) recommended the removal of this exception following the Delhi gang-rape incident.
- International obligations, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), mandate the removal of marital rape exceptions.
- Article 253 and Article 51 of the Indian Constitution empower Parliament to align domestic laws with international conventions.
Challenges and Misuse Concerns
- Resistance stems from patriarchal beliefs considering women's identity secondary within marriage.
- Concerns about the misuse of law for false accusations should not prevent legislation; robust investigation and judicial processes can address these issues.
Conclusion
The persistence of the marital rape exception is a violation of constitutional values and international commitments. Removing this exception would uphold women's rights to dignity and autonomy, align with global human rights standards, and emphasize that violence, irrespective of the relationship, is a crime. The introduction of a private member's Bill to eliminate this anomaly is a step towards justice and gender equality.
