The Truth About Marital Rape Statistics In India :21st century

The surge of  marital rape statistics in India during these unprecedented times of pandemic is quite terrifying.

” Marital rape don’t become a rape…they say. And why would it be? Since he had posted his surname on her body !!! ” said Namitha Singh.

This above quote is a valuable note that helps to have a keen introspection into our society. It portrays a very heinous act which is not yet criminalized even in this 21st century. The legality of marital rape and marital rape statistics made me tremble with fear and shivers down my spines.

This pathetic situation suffocates me amidst the various achievements of our country. Marital rape should not be considered as a taboo, or as a unspeakable act or as an alienated subject. We should raise our voice and should make society aware about the stigma caused by marital rape. 

It is a very entrenching problem having different opinions and perspectives. Whatever that is sought for will be caught and whatever that is neglected slips away. So let’s meticulously understand this issue of marital rape and marital rape statistics in India.

What is marital rape ?

Marital Rape

It is the act of sexual intercourse with one’s spouse without the spouse’s consent. Normally in our society the marriage become the legal consent to do marital rape. It is considered to be a heinous crime in the form of domestic violence and sexual abuse. 

The sexual abuse and violence against women has now gained global attention. In many countries marital rape is considered to be a criminalized act and illegal. Today many countries has impeached the marital rape in more than 100 countries, but unfortunately India is one of the 36 countries where marital rape is not criminalized. The marital rape statistics in India is very high. Is a woman’s body just a sexual tool to ill treat it??

Illegality of Marital Rape

Marital rape is a rape within abusive relations. The increase in marital rape statistic is due to reluctance to admit marital abuse as illegal is due to the misleading traditional views of marriage, manipulation of religious doctrines and cultural expectations about male and female sexuality.

According to the Indian tradition the three most purest elements are water,gems and women. This shows the purity of a woman’s body and mind. It is this purity which is being destabilized  and encroached by marital rape. 

Misconception about Marital Affairs

The lot of misconceptions entangled with the marital affairs was highly shaken and challenged by the second wave feminism which led to the recognition of women’s right to determine matters relating to the body. From early centuries till now the trajectory of misunderstandings  on marital affairs has not changed.

Even after the peak touching developments and recognition in various fields  this system of marital abuse remains unshakable. Marriage was widely acknowledged to be a contract of women’s submission of the body towards the lustful eyes of a partner. The idea of mutual respect, recognition,consent and love was clearly lacking in its concept. Many consider marriage as just to be a legal consent to do sexual abuse and marital rape.

The  hindrance to the entrance of the podium to speak against marital rape is due to misconception regarding sexual relation, marriage and social stigmatization. 

History of Marital Laws

The idea  that a husband cannot be charged with the rape of his wife was described by Sir Matthew Hale  in ‘History of the Pleas of the Crown’, where he wrote that “The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract”.

In this patriarchal world the female agency and right of self determination over one’s body gets  intruded by male autonomy.

Rape

The rape was earlier defined to be a crime on a mans property. This clearly shows how a woman’s identity is intrinsically linked with that of the husband. A sort of identity crisis and status anxiety seems to arise here. The pathetic mental and physical condition of the victim was not given consideration due to the dominating patriarchal beliefs.  The wrong assumption  of  wives legal subordination to her husband led to the marital rape being acknowledged.

Attempts are made systematically to condition the minds and to ensure that women remain submissive to the patriarchal norms. As Manuscript  writes,“As a child she must remain under her father’s control; as a young woman, under her husband’s; and when her husband is dead, under her sons. She must never speak to live independently” (The Law Code of Manuscript 5.148, 149). This shows how a woman’s identity gets entangled with that of male. Women are often considered to be meek,submissive,fragile,voiceless and without identity.

The image of the wife being a subaltern figure gets registered after the marriage. After marriage women are often considered to be a pleasure giving plaything without any rights. 

Survey on Marital Rape

According to World Bank Data India’s marital rape statistics is one of the 36 countries in the world where marital rape is legal. Many activists,and people in general has been asking for  criminalizing the marital rape. But for vain….. Society has acknowledged the husband’s authority over the body of the wife as just and fair. Now the time to think out of the box has aroused…..

Criminalizing of Marital Rape

The Center has told the Delhi High Court on August 29 that criminalizing  marital rape cause ” destabilizing the institution of marriage and would become an easy tool for harassing husbands”. The Center in its affidavit also says that criminalizing marital rape might also lead to the misuse of Section 498 a of I P C which deal with cruelty to a wife by her husband.

The petitions filed by a marital rape survivor and a NGO against the marital rape challenges the exception in Section 375 which define rape. The exception say sexual intercourse by a man with his own wife,while the wife not being under 15 years old is not RAPE…  ” Would a law criminalizing marital rape destroy the sanctity of marriage ? It is very ridiculous. It makes my pen down with shame.  

The Union Minister for Women and Child Development Maneka Gandhi said ” The concept of marital rape as understood internationally cannot be suitably applied in Indian context due to various factors like level of education,illiteracy,poverty, myriad social customs and values,religious beliefs and the mindset of the society to treat the marriage as sacrament”.

Education as a tool

 Any change in the society should start from the foundation itself. Education is the powerful weapon to shackle the various inequalities and misconceptions. Lets educate our younger generation to dissect between good and bad. The increasing no.of cases of marital rape reflects the gravity of the situation.

As per the study conducted by International Center for Research on Women and United Nations Population Fund in 2014 found a terrifying marital rape statistics  record. The study showed that one third of men in those states admitted to having a forced sexual act on their partner. 

The third National Family Health Survey, survey report also showed that majority of sexual violence reports are within marriage. The lack of knowledge on sex, myriad social customs and practices are the main contributors for this shameful act of marital rape. “A gender-equal society would be one where the word ‘gender’ does not exist: where everyone can be themselves.”— Gloria Steinem. This quote helps us to understand the need for gender neutrality in this 21 st century.

Gender Equality

Men and Women should be looked as the bonding element of life and society rather than opposing factors. We are living in a democratic country like India, which provides equal rights to its citizens.  Today’s society is filled with many heinous crimes, such as rape, adulteration, caste and class clashes and so on.

Rape is a violation of ones body freedom. But the rape is gender specific in Indian laws. As the Indian society is patriarchal many social discrimination can be witnessed against women since various era. According to the NCRB there were 106 rapes per day.We should try to understand that rape isn’t only penis- vagina penetration but also penis-orifice, non consensual violation of body freedom which isn’t gender specific.

Also read:Other Major Political Issues

Marital Rape Statistics

India should learn a lot of knowledge from our neighboring countries like Bhutan and Nepal who criminalize the marital rape. Even the United Nations have been urging India to do  the same. Lets stop romanticizing the idea of marriage to the extent of overlooking matters with less concerns and lets not let marriages turn into a state sanctioned licence to rape a women.

Each women have the power to self determine whether to do sex or not. Lets not belittle  the subject of marital rape and domestic violence. According to National Crime Records Bureau, 70% of women in India are victims of marital rape.  The marital rape in India is not criminalized due to the exception 2 in Section 375. This section was drafted in 1860 where women were denied their rights and lacked agency.

Earlier was not considered as an individual with independent thoughts and perspectives. This exception of the I P C was drafted on the basis of Victorian patriarchal norms, which deny both the rights of women , and equal agency to both men and women. 

The non-criminalisation of marital rape could be considered as a terrifying hit on the dignity and human rights. When the rape by any anonymous person become punishable, raped by husband become a acceptable fact. It’s a great irony. The non criminalisation of marital rape  and the increasing marital rape statistics are a slap on the democracy of India.

 Many women don’t respond or raise their voice as they consider it a legal aspect.  Marital rape has now exacerbated in the recent years. This increasing no.of cases cause all the credits,and developments in various fields to be a big zero.When a husband considers the autonomy of the partner’s body he falls from a hero  to zero. 

Does having forced sexual discourse a masculine trait?? Does keeping silence to all sexual abuse mandatory to be a good moral wife? Is marriage a contract to this brutality ?  Should a wife be subordinate to the husband or a property to his beck and call ? Poland tops the list to consider  Marital Rape as a criminal offence in 1932. Australia, in 1976  made rape in marriage a criminal offence.The marital rape statistics in these countries has now considerably decreased.

We should reform the laws in India to uplift the concept of gender equality. We should understand the fact that sex without the consent become rape. The society still believes that the criminalisation of marital rape is against Indian culture. This statement is so hard to digest. Does Indian culture mean domination on partner and sexual abuse!! It’s this mentality which should be shattered.

Once married, women’s perpetual consent is implied,  the undertone that marriage as a legal contract and never ending sexual consent is so imbecilic. 

‘Any rape is a crime so why not marital rape ?? Lets come forward to reform the existing laws which supports marital rape. Let’s break the shackles of the society, and raise our voices. The non criminalisation of marital rape make me wonder whether the perks in fields of science and technology are really helping us to climb the peaks of prosperity or taking to the blind valley of adversity. Let’s join together to decrease the marital rape statistics. The encroachment into the identity and right of sexuality without consent cannot be approved anymore. Marriage is not a legal consent for brutalities’.

Author :Athulya Jose