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Opinion

Marital Rape: Better Divorced Than Being Raped By Husband

India Ahead's young reporter takes a strong position on marital rape, her body and rights to emphasise what is wrong with our patriarchal society.

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Photo of groom holding bride’s hand. (Representational Image)(Photo: ANI)

THERE IS a legal saying that “justice delayed is justice denied” but if the lawmakers and law keepers only tend to forget or ignore the principles then who else people looking for justice refer to? 

The lawmakers of the country have failed to provide justice to the women who have been the victims of ‘marital rape’. The criminalisation of the already challenged exception 2 to Section 375 of the Indian Penal Code (IPC) will not only provide justice to the victims but will also safety to the young girl like me who would be married in the next 3-4 years. 

Bluntly talking, it is a fact and very unfortunate condition for women of this country that they can not even talk about marital rapes as there is no such law in the country that can claim that husbands too can rape their wives.

White Washing The Wall Outside The House

In a country like India, where politicians talk about making India a “Vishwa Guru”, the lawmakers in Parliament clearly seem to dodge the responsibility of the females and safeguarding them by providing them a sense of power to point out and in some cases realise that something offensive is happening or can happen to them.

My Wedlock Cannot Be A Reason For Me To Get Raped

The National Democratic Alliance (NDA) government in August 2017, in an affidavit, made its stance clear before the Delhi High Court by saying that marital rape could not be added as an offence to the IPC, as it could have a “destabilising effect on the institution of marriage” and become an “easy tool for wives to harass their husbands”. 

This clearly brings me to an opinion that I would ‘love’ to be out of a marriage that doesn’t give me a right to own my body and make decisions for it. It will be a better decision any day, to get divorced than get raped by my husband. 

I also realise that it might be easy for an independent girl like me to talk about divorce and raise my voice against marital rape, but this is not a choice for a woman belonging to some rural area.  

I do realise that things are not always the same for everyone, but I still believe that criminalising exception 2 of Section 375 and recognising marital rapes will definitely bring some change and hope for the unprivileged women too. This step would surely empower them sparking mutiny to not ‘obey’ the patriarchal and chauvinistic thought process that exists in our society.

In order to preserve my marriage, I do not need to get raped! 

Equality Of Two Things – Money & Body

While lawmakers are doing enough for giving women their due rights, why recognising marital rapes still an issue. Recently, the right of a daughter to her parent’s property was legalised. With this, India is also making progress to safeguard the rights of women when it comes to finances, education, dowry, domestic violence, etc. 

It has to be consensual sex between a husband and wife rather than an imposed decision made by one partner.

Every day, hundreds of cases are reported against rapes in India, I understand that it is hard to control the whole society at once but why not bifurcating and move ahead with the decision of criminlising marital rapes. 

Not denying the fact that this law would not act as an “easy tool for harassing husbands” but when compared to the percentage of the women suffering every day, those figures are negligible. The opinion sounds like an excuse to make work easy and effortless. 

Adding to the same argument, there is also a need to make people open up about getting divorced and not treat it as a taboo!

ALSO READ: Consent In Marriage Cannot Be Consent Forever, Said MPs On Marital Rape In 2013