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The Urgent Need For A Legal End To Marital Rape

In our highly patriarchal society, it has become a common tradition to worship several goddesses on one side and torture the women who are said to embody the only soul of the goddesses we worship. We usually say that:

यत्र नार्यस्तु पूजयन्ते रमन्ते तत्र देवता: (The gods reside in a place where women are worshipped)

In our male-dominated society where we don’t even respect women, how can god reside in such a hell?

When a woman is married we say that we have brought ‘Lakshmi’ in our home who will bless us with wealth and prosperity (In truth, this is said because women bring dowry with them). The so-called Lakshmi faces a lot of troubles and sometimes fall into the continuous trap of marital torture, including rape.

Marital rape is not considered as rape instead it is recognised as a husband’s ‘right’ over his spouse. However, the marital rape is recognised as a ‘crime’ by many societies in the world.

There is no punishment under ‘Indian Penal Code for marital rape, because of which the wrongdoers remain free and the cases of marital rape go unreported.

Recently, in a case in Gujarat High Court, the judge had to relieve a man accused of marital rape because there is no such law for this misconduct in the Indian Penal Code. Due to this once again the demand for a law for marital rape has been highlighted by Justice JB Pardiwala.

Justice Pardiwala said, “A law which doesn’t give married and unmarried women equal protection create conditions that lead to the marital rape. It allows the men and women to believe that wife’s rape is acceptable.”

The question on the ‘implied consent’ in a marriage has been raised once again by the High Court of Gujarat which said that ‘a law must uphold the bodily autonomy of all women irrespective of their marital status.’

A recent survey by National Health and Family Survey reported that nearly 5.4% women are victims of marital rape multiple times in India.

There is an urgent need to make a law against the marital rape otherwise the situation will get worse over time. We have to create better conditions for women in our society and give them due respect which they deserve.

The government must organise awareness programmes in collaboration with NGO’s, schools and colleges. On local level such as Panchayati-level we have to create an awareness so as to make women realise their rights.

So, hear the call for change and stand up for the change.

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