There has been several arguments concerning marital rape as many countries do not consider it illegal.
Marital rape is the act of sexual intercourse with one’s spouse without his or her consent.
The lack of consent is the essential element which many argue that it’s inconsequential as within marriage it’s the right of the spouse to demand for sex with or without consent.
However, there has been increased awareness concerning marital rape and it has been criminalized in several societies around the world.
An Indian woman whose name is withheld has narrated her painful ordeal, having been married at the young age of 17.
According to the woman, she was raped by her husband on her wedding night.
She also revealed that her husband sexually and physically abused her for 19 months after their arranged wedding in 2022.
“I told him I have never had sex, and asked him if we can take it slowly and try to understand it,” she said.
“He said: ‘No, the first night is very important for us men”.
He then slapped her hard, ripped her clothes off and forced himself on her.
She added, “If I was hurt, it was invisible to him, he used to have sex with me ruthlessly”.
According to the latest National Family Health Survey, six per cent of married women aged 18-49 report spousal sexual violence.
The survey further revealed that almost 18 per cent of married women feel they decline their husband’s request for sex.
While 11 per cent of women thought a husband has every right to beat his wife if she declined.
Historic practice of Marital Rape
Historically, sexual intercourse within marriage was regarded as a right of spouses.
India’s adopted British-era penal code,places an exception on marital rape.
The code states that, “sexual acts by a man with his wife, the wife not being under fifteen years of age, is not rape”.
However, India introduced a new penal code on Monday but the exception clause remains — although it does raise the minimum age that a man can rape his wife to 18.
But a lawyer Karuna Nundy is disputing the new law, labeling it as “colonialism from a Victorian mentality”.
She outlined some of the nations that have criminalized the act, hoping that the country will implement the same change.
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