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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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Ranaghat Nun Rape Case : Bangladeshi Man Sentenced To Life Imprisonment for Raping Elderly Nun in 2015

As per the 2015 government data, 34,651 cases of rape were officially recorded. However, it is estimated that the true figure is much higher than this, given half of the cases go unreported.

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Ranaghat Nun Rape Case
Rape culture in India garnered more spotlight following the Nirbhaya-gang rape, after which the issue has continue to remain a burning topic in the country. Pixabay

Kolkata, November 8, 2017 : Cases of sexual assault are not new to the country. Sadly, the number of reported cases has witnessed a sharp rise in recent years. Countless insane reasons have been repeatedly cited to defend rapes that ranged from wearing short clothes, staying out till late hours, being over-friendly with men, among many others. But how do you justify the rape of an elderly nun? How do you justify rape at all?

Ranaghat nun rape case dates back to 2015. Two years after the incident, a court in Kolkata has now convicted and sentenced a Bangladeshi man to life imprisonment, for raping an elderly nun. The incident had taken place at a school in Ranaghat, West Bengal in 2015.

On March, 2015, five men had broken into the Convent of Jesus and Mary in Ranaghat with a motive to loot the church and vandalize the idols. Consequently, they attacked the oldest nun of the school, aged 71, who had tried to stop them.

On November 7, two years after the Ranaghat nun rape case, the City Sessions Court announced 28-year-old Nazrul Islam, a Bangladeshi man guilty of rape and attempted murder of the nun.

Previously, Islam had been arrested after the nun had identified him from a list of suspects.

Ranaghat Nun Rape Case: What Exactly Happened?

As per a report by PTI, Arnab Ghosh, a police superintendent in Ranaghat revealed that the men, all aged between 20 and 30, jumped the boundary of the co-ed school around 11:40 pm in March 13.

After disconnecting the telephone lines, the five men choked the security personnel on duty and entered the nuns’ room. Upon being stopped by the oldest nun of the school, they forced her into another room where she was raped.

The men then went on to steal cash, and other expensive materials that included a camera, mobile phone and laptop.

The men also attacked Convent of Jesus and Mary and vandalized and stole holy items.

Reactions To The 2015 Ranaghat Nun Rape Case

The nun was subjected to such brutal treatment that she had to be rushed to a hospital on March 14 where she underwent an operation.

The Ranaghat nun rape case sought intense reactions from the larger public. Hundreds of angry locals, priests and schoolgirls took to the state to protest against the incident – highways were blocked, shops were closed and candlelight marches were carried out as slogans demanding justice were raised.

Soon after the incident was reported, the West Bengal government ordered the Criminal Investigation Department to carry out investigations that made use of CCTV footage to arrest the five accused.

The five accused were arrested after three months.

Delayed But Deserved Verdict

A court in West Bengal on November 8 has now sentenced Nazrul Islam to life imprisonment for raping, and allegedly attempting to murder the aged nun.

The court also convicted his other five accomplices – Gopal Sarkar , Kumar Sarkar, Mohd Selim Sheikh, Ohidul Islam and Khaledar Rahman of robbery, and sentenced them to 10 years of imprisonment.

The verdict comes two years after the incident had taken place.

The delay in the verdict raises serious concerns on the security of women in the count.

Rape Culture in India?

As per the 2015 government data, 34,651 cases of rape were officially recorded. However, it is estimated that the true figure is much higher than this, given half of the cases go unreported.

Rape culture in India garnered more spotlight following the Nirbhaya-gang rape, after which the issue has continue to remain a burning topic in the country. Consequently, laws on sexual violence were strengthened.  However, the extents to which they are enforced remain questionable.

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Rahul Gandhi Points at PM Modi to Vacate the Seat over Gas price Hike

Rahul Gandhi's twitter attack on PM Modi: Vacant your seat over the gas price hike.

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Rahul Gandhi's verbal attack on PM Modi
Rahul Gandhi's verbal attack on PM Modi wikimedia commons

NEW DELHI: Congress Vice President Rahul Gandhi on Sunday attacked the Narendra Modi-led central government after the prices of cooking gas was again hiked, asking him to “vacate the ‘Sinhasan’ (post of the Prime Minister)”.

“Mehangi gas, mehanga rashan. Band karo khokala bhashan. Dam bandho kam do. Warna khali karo sinhasan (Expensive gas, expensive ration. Stop making hollow promises. Fix the rates and give employment or else vacate the post),” Rahul Gandhi tweeted attaching a news report of the hike.

Gandhi was referring to the price hike announced by the state-run oil firms on Wednesday.

The prices of the LPG cylinder’s went up by Rs 4.50, while the non-subsidised rates were hiked by a steeper Rs 93 per cylinder.(IANS)

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Restrictions on Freedom of Expression : Pakistani Journalists Struggle with Growing Threats from Government and Militants alike

A recent cybercrime bill in Pakistan has become a vehicle for curbing media freedom, allowing the government to censor digital content, criminalize internet user activity and access bloggers' data without judicial review. Media defenders say the country's blasphemy laws also are being used to cut off public debate.

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Pakistani journalists protest to condemn an attack on their colleague, in Karachi, Pakistan, Monday, Oct. 30, 2017. Assailants riding on motorcycles have attacked an outspoken Pakistani journalist, leaving him badly hurt with head injuries. (AP Photo/Shakil Adil) VOA

Pakistan, November 2, 2017 : Journalists in Pakistan say they are facing increasing risks ranging from the government’s expanding control over social media to extremist threats that have spread from long-volatile regions to the streets of the capital.

The latest attack left a journalist badly beaten on a street in Islamabad. Earlier this year, security agencies picked up several bloggers from urban centers who said after their release that they had been tortured and humiliated.

Threats to reporters have long been a problem in volatile Baluchistan and the tribal areas along the border with Afghanistan, but the recent incidents have reinforced complaints by media groups that the danger is spreading to the nation’s heartland.

The victim of the beating in Islamabad was Ahmad Noorani, a senior reporter for the influential Daily News newspaper, who previously had been warned to close his Twitter account after criticizing the powerful military. The attack attracted widespread condemnation on social media, where many posts blamed Pakistan’s intelligence agencies for the attack.

Other journalists have been charged with violating the country’s vague Anti-Terrorism Act, which defines terrorism as creating “a sense of fear or insecurity in society.” Critics say it has broad potential for abuse.

Several bloggers critical of the government or the military have vanished for weeks, later saying they had been kidnapped by the intelligence services.

Popular blogger Asim Saeed was snatched by unknown men earlier this year. He told the BBC in an interview last week that he was picked up by Pakistan intelligence agencies and tortured during his detention.

Digital media rights activists, meanwhile, are warning that Pakistan is attempting to cut back on internet freedom.

“In my opinion, the government is terrifying the social media activists,” Usama Khilji, director of the internet freedom organization Bolo Bhi, told VOA’s Deewa service. “Social media is a democratic medium where people can express their thoughts without any restrictions. However, it has been observed, when people share their thoughts, the government feels insecure.”

Anwar Iqbal, a Washington-based senior journalist and correspondent for the leading English-language newspaper Daily Dawn, agreed.

“The Pakistani state feels vulnerable in the presence of growing social media and wants to stifle the discourse on topics it considers sensitive,” he said.

The state does not want media to discuss sensitive issues like relations with the U.S., China, Afghanistan and India, Iqbal said, particularly in light of President Donald Trump’s new policy for the region calling for Islamabad to crack down on terrorist safe havens.

Reports from watchdog groups

Human Rights Watch’s 2016 report said media were being deterred from reporting on or criticizing human rights violations by the security services.

“Many journalists increasingly practiced self-censorship, fearing retribution from both state security forces and militant groups. Media outlets remained under pressure to avoid reporting on or criticizing human rights violations by the military in counterterrorism operations,” the report said.

Reporters Without Borders, a global media watchdog, in its annual report this year, ranked Pakistan 139 of 180 countries on its Press Freedom Index, despite its reputation having one of the most free media environments in Asia. The report says the nation’s media “are targeted by extremist groups, Islamist organizations, and the feared intelligence agencies” — all of which are on the group’s list of “Predators of Press Freedom.”

Even when the threats come from extremist groups, journalists say, the government has done little to pursue the perpetrators.

But Interior Minister Talal Chaudry defended the government’s actions, suggesting the reporters should be doing more to protect themselves.

journalist
Journalist Zafar Achakzai, who was held for sharing content criticizing security forces on social media, sits in his office after being released from jail, in Quetta, Pakistan, July 9, 2017. VOA

“We have included insurance for journalists in the journalists ‘protection bill,” he said. “Sometimes, journalists are not trained or not properly equipped, and that is why they become victims of violence. We understand journalists are sometimes victims of violence, and that is why we are bringing a comprehensive bill for working journalists in the parliament.”

Journalists: Situation worsening

But many journalists say things are getting worse. A recent cybercrime bill has become a vehicle for curbing media freedom, allowing the government to censor digital content, criminalize internet user activity and access bloggers’ data without judicial review. Media defenders say the country’s blasphemy laws also are being used to cut off public debate.

“We have laws in place for social media, but it’s not being controlled,” Religious Affairs Minister Sardar Yousef told Deewa when asked how the government can avoid the blasphemy law from being misused against social media.

Such problems are longstanding in Pakistan’s troubled southwestern Baluchistan province, where newspapers have been shut down and newsstands shuttered for more than a week amid threats from militant groups claiming the local media are too supportive of the central government.

“The resistance [militant] groups are calling on boycotting all media houses, threatening press offices and journalists,” Behram Baloch, who is now working from home, told VOA. “To address this issue, we held a meeting here at the press club. We decided to suspend our activities for a while, and press club will remain closed. Our movement is limited, and many of our colleagues have left their jobs.”

Militants from separatist groups, banned by the state, threw a hand grenade at an office of a newspaper agency in Turbat, Baluchistan, injuring eight people.

“Journalists as well as the Newspaper Editors Council received threats. As a result, our workers were forced not to leave their homes. They include press workers and hawkers. We were, thus, unable to pick up newspapers [for delivery],” said Mir Ahmed, general secretary of the Newspapers Wholesalers Association.

“Life and death are in the hands of God.” (VOA)