Indian Government Deems Criminalizing Marital Rape as ‘Excessively Harsh’
TL/DR –
India’s government has argued that criminalizing marital rape could be “excessively harsh” and may disturb the institution of marriage, despite petitions calling for an amendment to the British colonial-era law that prevents men from being prosecuted for rape within marriage. While over 100 countries and all U.S. states classify marital rape as a crime, this is not the case in India, Afghanistan, and Saudi Arabia. The Indian government has maintained that there are already adequate legal protections for married women against sexual and domestic violence, with a 2005 law addressing marital rape, though not specifically outlining penalties for it, and another law imposing a prison term of up to three years for “cruelty” against spouses.
New Delhi — India’s Government Opposes Criminalizing Marital Rape
India’s government has declared that criminalizing marital rape would be “excessively harsh” in their response to petitions seeking changes to a British era law. This law currently prevents men from being prosecuted for rape within marriage.
The Interior Ministry argues that while a husband should face “penal consequences” for raping his wife, the act’s criminalization might disrupt the institution of marriage. They state, “A husband certainly does not have any fundamental right to violate the consent of his wife. However, attracting the crime in the nature of ‘rape’ to the institution of marriage can be arguably considered excessively harsh.”
Section 375 of the Indian Penal Code, enacted in 1860 and recently upheld by Prime Minister Narendra Modi’s government, exempts men from rape charges against their wives, except in the case of a minor wife.
Marital rape is considered a crime in over 100 countries including all 50 U.S. states, but India, Afghanistan, and Saudi Arabia offer an exception for men.
India’s government insists that existing laws are enough to protect married women against sexual and domestic violence. They refer to the 2005 law that addresses marital rape as a form of domestic violence, although without explicit penalties. Additionally, the penal code sentences men to up to three years in prison for acts broadly defined as “cruelty” towards their wives.
Same-sex marriage is still not permitted in India, where violence within marriage is a widespread issue. According to official statistics, 6% of married Indian women report sexual violence from their husbands.
The government and various religious groups have resisted petitions to amend the rape laws for years, arguing that sexual consent in marriage is “implied” and cannot be withdrawn. Critics label this argument as outdated given the increasing instances of sexual violence against women in the country.
In addition to this ongoing legal controversy, India faces ongoing protests following the rape and murder of a young female doctor in Kolkata, which has triggered a series of strikes by medical workers.
Petitions calling for changes in the 150-year-old rape laws were filed with India’s Supreme Court after a split verdict by the lower Delhi High Court in 2022. The case continues and a final verdict is expected after several months.
—
Read More US Political News