A step ahead

Bedroom secrets can sometimes be ugly, depraved, and downright criminal. Marital rape, spoken in hushed tones, sometimes with fervour, many times with disbelief. How can a husband rape this wife? How can an otherwise consensual relationship be grounds for crying rape? The incisive debate that has had many women vociferously pleading for rights, finally received some recognition from this week's Supreme Court observation. The apex court while deciding in favour of unmarried women's right to abortion between 20 and 24 weeks of pregnancy, also made another landmark statement. The Supreme Court brought marital rape within the purview of 'sexual assault', making marital rape survivors also eligible for abortion beyond 20 weeks of pregnancy as under the Medical Termination of Pregnancy (MTP) Act.

"Married women may also form part of the class of survivors of sexual assault or rape. The misconception that strangers are exclusively or almost exclusively responsible for sex and gender-based violence is a deeply regrettable one. Sex and gender-based violence in all its form in the context of family has long formed a part of the lived experiences of women…A woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband. We would be remiss in not recognising that intimate partner violence is a reality and can take the form of rape," the bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala observed. "Intimate partner violence is a reality and can take the form of rape" is a most powerful statement and admission coming from the echelons of justice. "It is not inconceivable that married women become pregnant as a result of their husbands having 'raped' them. The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry," the judges stated.

And while it is a welcome remark, it only just about moves the conversation on marital rape forward. This is because the ruling has also clarified that the interpretation does not extend to Indian Penal Code (IPC). There is a challenge to spousal rape immunity pending before the Supreme Court. Marital rape is still a criminal act in India with Section 375 of the IPC making an exception to forceful sexual intercourse or sexual acts by a man with his wife.

In February this year, the Union Minister for Women and Child Development, Smriti Irani said that while every marriage is not violent and not all men are rapists, protection of women was a priority. In a written response to the Rajya Sabha, she had said that the Indian government has got the ball rolling on making comprehensive amendments to criminal laws. Marital rape is not an anomaly in India — as per the National Family Health Survey-4 (2015-2016), 7 per cent of ever-married women have faced marital sexual violence. Of ever-married women aged between 15-49, an astounding 83 per cent call out their current husband as having forcibly performed sexual acts on them.

India is hardly the exception to the rule. There are as many as 32 countries that join India in not recognising marital rape as a crime. These nations include Bangladesh, China, Haiti, Laos, Mali, Myanmar, Senegal, Afghanistan, Tajikistan, Lebanon, Malaysia, Singapore, Egypt, Libya, Oman, Yemen, and Kuwait. The countries that have outlawed marital rape includes US, UK, France, Germany, South Africa, Israel, and Canada.

Are there blurred lines when we discuss marital rape? No — there can be no confusion about consent. It is the foremost and most important accompaniment in a healthy, stable relationship. The amendments to IPC that women seek are to protect against sexual violence and not to pave the way for malicious, fake cases. Naysayers will call criminalisation of spousal rape an attack on the institution of marriage. It's safe to say it's not much of a marriage at all if the woman (or even the man) is subject to sexual violence.

The writer is an author and media entrepreneur. Views expressed are personal