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What Gives Husbands The Licence to Rape? Decoding Marital Rape in the Indian Legal Scenario

Can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman?

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Marital rape
While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India. Pixabay
  • Cases of sexual violence, including rape, fall within the larger realm of domestic violence
  • Marital rape is yet to be categorized as a criminal offence in India
  • According to the central government, criminalizing marital rape “may destabilize the institution of marriage”

New Delhi, September 2, 2017 : Baby works as a domestic help; she says she cannot recall her age when her parents married her off to a man who was much older to her; a man she barely knew. She didn’t anticipate her husband would demand to have intercourse on their wedding night. She was still young and not ready, but that didn’t stop him. Baby was raped by her husband on her wedding night. But marital rape means nothing to her.

Sunita irons clothes for a living. She says has been married for more years than she can remember. The duo has four kids together, but that doesn’t stop her husband from raising a hand or two on her, every once in a while. Every night, her husband would get drunk, hit her and forcefully demand to have sex, paying no heed to her resistance. Sunita has three daughters, and a son, and the husband still wants to have progenies. “I told my mother that this man has raped me multiple times. She protested, arguing that he is ‘your husband’ after all,” she said.

But did she never decide to approach the authorities?

To this, Sunita promptly replied, “I once had a sore eye after he (the husband) hit me with his shoe when I refused to have sex. I went to the local hospital and then the police. I narrated the entire scene; they were very considerate, offered me water and then asked me to go home and ‘adjust’.”

Sunita is unaware of a term called ‘marital rape’.

This is the reality of a huge part of the society in real India.

Like Baby and Sunita, women who suffer such indignities are often asked to “adjust” with perpetrators of violence because of a deep –embedded fear of what the society would say. This notion of an ‘ideal woman’ impedes women to object to illicit treatment meted out by their ‘better halves’.

The debate around the issue has become ripe once again with the Central Government stating that what “may appear to be marital rape” to a wife “may not appear so to others”. In an affidavit to the Delhi High Court, the central government took a stand against criminalizing marital rape saying that it “may destabilize the institution of marriage” and also become easy tool for harass the husbands and the in-laws.

Rape v/s Marital Rape

Rape is defined in Section 375 of the Indian Penal Code, but with an irregularity: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

While rape is addressed as perforation without a woman’s accord in its main clause, the only remedy to forced intercourse provided to ‘married’ woman is specified under Section 498-A of the IPC and the civil provisions of the Protection of Women from Domestiic Violence Act.

Following the horrific 2012 Nirbhaya rape case that brought the entire world to a standstill, the Indian media has given paramount coverage to instances of rape across the country. But even after 5 years of the gut-wrenching incident, there seems no end to this crime.

ALSO READ The Hardships of Sexuality: Marital rape, violence and humiliation

Cases of sexual violence, including rape, fall within the larger realm of domestic violence. However, rape by husbands within holy matrimony continues to remain an obscure subject in India and the exact number of cases is hard to gauge.

According to a 2015 report by National Crime Record Bureau (NCRB) tracing the proximity of offenders to the victims of sexual violence, it was revealed that in 95 per cent of all rapes, the offenders were familiar to the survivors. These, presumably include acquaintances, friends, relatives and colleagues.

And what about rape committed by husbands?

These cases continue to be an under-reported crime in India. This can be attributed to two major reasons,

  • Because of the stigma associated with it
  • Because of the presence of a defunct justice system

Furthermore, more often than not, these cases go missing because of several additional (and unnecessary) barriers stemming from a combination of familial and/or social power structures, shame and dependency.

Marital Rape In India

While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India.

A United Nations’ report titled ‘Why do some men use violence against women and how can we prevent it?’ published in 2013 disclosed that nearly a quarter of 10,000 men  in Asia-Pacific region, including India, admitted to have indulged in the rape of a female partner. The report traced their rationale to a deep-embedded belief that they are entitled to sex despite the consent of their partners.

The study also revealed that the majority of these instances were not reported and the perpetrators faced no legal consequences.

In 2014, United Nations Population Fund (UNFPA), in association with International Centre for Research on Women (ICRW) brought out a report titled ‘Masculinity, Intimate Partner Violence and Son Preference in India’. Among other things, the report analyzed the average Indian male’s understanding and interpretation of the idea of ‘masculinity’ and how that molds their interactions with women.

Not surprisingly, the study revealed that a typical man in the Indian society associated the attributes ‘tough’, and ‘controlling’ with masculinity.

Segments of the present day Indian society continue to look at men as tough forces, who can (must) freely exercise their privilege to establish rule in personal relationships and above all, continue to control women.

Additionally, the study also revealed that 60 per cent of the Indian men disclosed the use of physical violence to establish authority.

In India, stiff patriarchal norms continue to tilt the gender balance firmly in the favor of men, as a result of which, women are forced to internalize male dominance in their lives.

Marital Rape in India : A Legal Perspective

Section 375 essentially distinguishes between two categories of women

  • Married women
  • Unmarried women

Much to the Indian society’s disappointment, the Indian legal system denies protection from rape to the married woman. This creates discrimination as the women belonging to one section are denied justice merely by virtue of being married.

But can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman? Is it justified to discriminate a woman just because she is married to the man who has raped her?

The Debate Around Marital Rape In India

Despite the piquant situation, the issue raised furor when Minister of State for Home, Haribhai Parathibhai Chaudhary told the Parliament that the question of criminalizing marital rape in India has no relevance “as marriage is treated as sacred here.”

Does marriage being a sacrament provide one with the legal right to rape a woman?

South Asia director at Human Rights Watch Meenakshi Ganguly had retaliated saying that it is particularly concerning when a government that claims to secure the safety of women inside and outside national territory shamelessly turn to justify a crime in the name of culture and tradition.

Group director of social and economic development at the International Centre for Research on Women (ICRW) Priya Nanda asserted in an interview with a leading portal that “the reason men don’t want to criminalize marital rape is because they don’t want to give a woman the power to say no.”

In 2013, a three-member commission headed by Justice J.S. Verma suggested remedial measures to combat sexual violence in India, following the 2012 Nirbhaya rape case. One of its recommendations was the criminalization of marital rape.

ALSO READ Reasons Why Marital Rape Should Be Recognised as a Criminal Offence

The recommendation was ignored by the government as a large amount of people questioned its efficiency saying if made a crime,

  • It might be misused by people
  • It will be difficult to prove
  • It might break up marriages

But, how fair is it to not have a law against marital rape, only because of the reason that it is ‘difficult to prove’?

In a broader understanding, it needs to be understood that the criminalization of marital rape must not be viewed as a step against men or the institution of matrimony, but as an attempt to demolish the patriarchal system that continues to clutch the Indian society.


 

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New Indian Traffic Rules 2019 – All That You Need to Know

Here's everything you need to know about the traffic rules in India, 2019

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Traffic rules
Under the new traffic rules, penalties for various offences while driving has increased.

Under the new traffic rules, fines for offenses such as driving without driving license or bike insurance policy, drunk driving, unauthorized use of vehicles and disobeying traffic laws have been dramatically increased. The stricter penalties have brought forth a range of reactions and opinions from the Media.

On one hand, the media is all about how road accidents and mishaps will reduce with the implementation of these laws. However, they are also on a diabolical situation on the enforcement of the strict punishments for road traffic violations. Let’s look at some of these penalties under the new Indian traffic rules 2019:

1. Driving Without License Penalty

Gone are the days when you could have just slipped a Rs 100 note to the traffic police for not driving without a license. Jumping a red light or talking on a mobile phone while driving could now set you back by a few thousand rupees. With the new traffic rules passed by Lok Sabha, you’ll be charged Rs 5000, if you are found steering without your driving license. By increasing the fine and penalties multiple, this new Act broadly seeks to bring in a standard shift in the driving practices of the vehicle owners in the country.

2.  Drink and Drive Penalty

The government of India brought changes in the Motor Vehicle Act and introduced a stiffer penalty on driving under the influence of alcohol. According to the new traffic rules, the drunk driving penalty has been increased from Rs 2000 to Rs 10,000 or 6 months of imprisonment for the first offense. If you are caught drunk driving for the second time, then you’ll either be charged Rs 15,000, or you’ll have to go to jail for two years.

3. Overloading of Two-Wheelers Penalty

Road accidents are majorly caused due to over speeding and overloading. You must have seen people tripling on a motorbike before. To prevent them from doing so, Parliament imposed rigid fines for traffic rules violation, people doing so will be charged with Rs 1000 for each extra passenger. Previously, there was no such penalty abided by the government. Also, if you are overloading your vehicle with goods and luggage, then you’ll be charged a penalty of Rs 20000 along with Rs 2000 for every extra ton. Previously this penalty was Rs 2000 along with Rs 1000 for every additional ton.

traffic rules
According to the new traffic rules, the drunk driving penalty has been increased from Rs 2000 to Rs 10,000 or 6 months of imprisonment for the first offense. Pixabay

4. Riding Without Helmet Penalty

Lately, people started taking a helmet as just another two-wheeler accessory. It is understood that riding a motorcycle gives riders a sense of freedom on the open road. However, there are serious dangers involved in riding without a helmet. The new traffic rules make sure that the offenders are taught a lesson and make sure that their mistake is corrected right on the spot. So, if you are caught sans helmet at police checkpoints, you will attract Rs 1,000 penalty and 3-month suspension of license. Along with that you will be directed to vendors selling helmets to get one immediately.

Also Read- India Must Embrace Market Prices in Generating Economic and Financial Value

5. Driving Without Insurance

In India, vehicle insurance is mandatory by law. It is a legal obligation for vehicle owners to have basic vehicle insurance coverage. A vehicle insurance policy, be it a car or a bike policy, also serves as a financial safety net that safeguards the vehicle owner against monetary loss due to accident or theft. If you are found without having your car or bike insurance policy, then you’ll be charged a penalty of Rs. 2000 or imprisonment up to 3 months or both for the first offense. For the second offence you’ll be charged a fine of Rs. 4000 or imprisonment up to 3 months or both. Stricter penalties will be charged if you are not wearing you a helmet along with not carrying your bike insurance policy.