Rape isn’t rape

There are relics of colonial rule which we as a country seem desperately to want to cling to. The criminalisation of homosexuality is a perverse case in point, with the highest court in the land seemingly holding one fuck-awful section of the IPC a century and a half old above constitutional rights to freedom, dignity, privacy, life. The party which will presumably rule this country for the next five years has said it will continue this mockery of human dignity.

We’ve just been given another glimpse of what may be to come. A Delhi court has ruled that a man cannot rape his wife, lack of consent and the use of force be damned:

“The girl was more than 21-years-old at the time. Thus the girl and accused being legally-wedded husband and wife and the girl being a major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the youth,” Additional Sessions Judge Virender Bhat said while absolving the youth of the charge of rape.

I know none of the particulars of the case, and the NDTV article does nothing at all to make anything clear (the woman met her husband in December 2013, but the marriage was solemnised in March 2013?). But what the judge said in his ruling will harm more than just this poor woman. This ruling will become another in the list of cases where nothing was found wrong with marital rape.

The judge is, strictly, correct. According to what is the law today, a man cannot legally rape his wife if she is an adult. (But, you say, how can a woman even be married if she isn’t an adult? The law until 2010 said that age limit was 15. Raising the age to 18 was the ‘compromise’ Indian lawmakers struck.)

Isn’t it time we fixed this stupid law? Sexual violence against women is staggeringly common(fn1). And a significant majority of the instances of sexual violence are committed by acquaintances. I don’t know what fraction is marital rape, but surely the only acceptable number is zero. (fn2)

I can’t imagine what the woman must have gone through. And she’s among the lucky ones who can get a case registered and take it to court. For every one of her, there are many others who either can’t or don’t report sexual violence against them, or aren’t even taken seriously enough to be given a hearing. (fn3) Or, if they are, they’re put through mind-numbing ordeals.

HT: Srikanth, who pointed me to the court ruling and hopes the Supreme Court will do something about this.


Footnotes:

1) One in three women will face some sort of sexual assault in her lifetime. That number is just depressing.

2) Two-thirds of rapes are committed by people who aren’t strangers to the victims. The page at the link also says 28% of rapes are by an intimate.

3) 60% of sexual assaults aren’t reported. 97% of the accused will never serve jail time. India’s conviction rate (for cases that are actually reported) is 24%.

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