The ongoing debate over the criminalisation of marital rape in India has reached a critical juncture, with the Supreme Court questioning the broader implications of such a move. This issue, which has long been a contentious topic, touches upon fundamental rights, societal norms, and the very fabric of marital relationships. The recent hearings and the diverse opinions presented highlight the complexity of the matter and the urgent need for a balanced approach that ensures justice for women while considering the societal impact.
The current legal framework in India, under Section 375 of the Indian Penal Code (IPC) and its successor, Section 63 of the Bharatiya Nyaya Sanhita (BNS), exempts husbands from prosecution for raping their wives, provided the wife is not under fifteen years of age. This exemption has been challenged because it violates fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution, which ensure equality, freedom of expression, and the right to life and personal liberty.
Senior advocates representing the petitioners argue that non-consensual sex within marriage causes harm similar to rape by a stranger and that the marital rape exception is an arbitrary classification that reduces women to mere sexual objects. The Supreme Court’s inquiry into whether striking down this exception would create a new offence underscores the need to address the legal nuances and potential repercussions of such a decision.
The criminalisation of marital rape is not merely a legal issue but also a deeply social one. The central government’s stance that criminalising marital rape could destabilise the institution of marriage reflects concerns about the potential impact on conjugal relationships and societal norms. However, it is essential to recognise that the sanctity of marriage cannot be upheld at the cost of a woman’s bodily autonomy and dignity.
The argument that criminalising marital rape would lead to misuse of the law and false accusations is often cited by opponents. While it is crucial to safeguard against misuse, this concern should not overshadow the need to protect women from violence and abuse. Effective legal safeguards and a robust judicial process can address these concerns without denying justice to victims.
To ensure justice for Indian women, several steps need to be taken. The Supreme Court’s decision on the constitutionality of the marital rape exception will be pivotal. Striking down this exception would be a significant step towards recognising the rights of women within marriage and ensuring that non-consensual sex is treated as a crime, irrespective of the marital status of the perpetrator.
Raising awareness about the issue of marital rape and educating both men and women about consent and bodily autonomy is crucial. This can help shift societal attitudes and reduce the stigma associated with reporting marital rape. Strengthening support systems for victims, including legal aid, counselling, and rehabilitation services, is essential.
Ensuring that women have access to these resources can empower them to seek justice and rebuild their lives. Training judges and law enforcement officials to handle cases of marital rape with sensitivity and understanding is vital. This can help ensure that victims receive fair treatment and that their cases are adjudicated impartially.