Marital Rape: Man In India Can’t Be Charged If Wife Is 18 Or Above
According to the 2019-2023 National Family Health Survey by the Government of India, 27.6% of more than 100,000 women ages 15-49 surveyed said they were unable to say no to their husband if they didn’t want sex, while 11% thought husbands were justified in hitting or beating his wife if she refused. Women alleging rape in India have some avenues of potential legal action against their husbands. Under Indian law it’s not illegal for a husband to force his wife to engage in sexual acts. The ruling shines a light on a legal loophole in India that doesn’t criminalize marital rape by a husband against his wife, if she’s over age 18. Campaigners have been trying to change the law for years, but they say they’re up against conservatives who argue that state interference could destroy the tradition of marriage in India. The world’s largest democracy of 1.4 billion has made significant strides in enacting laws to better safeguard women, but lawyers and campaigners say its reluctance to criminalize marital rape leaves women without adequate protection. Many countries have criminalized Marital Rape, but not so in India. In India, marriage itself is called consent for post-marital sex, and the most important thing that differentiates forced sex is consent itself. In a nation, where the legislation of marital rape effectively grants impunity for the crime, married women in India are deprived of the equal protection given under the provisions of the Indian constitution. Credit: AFP News