Sadly, marital rape hasn’t yet been criminalized in India, thereby causing an absence of protection for people facing sexual violence within their marriage. There has been an ongoing advocacy for legislative changes but India’s legal framework hasn’t explicitly addressed this issue. While efforts persist in raising awareness about marital rape, the courts end up acquitting many people, especially men, who face allegations of raping their spouses.
For example, the Allahabad High Court recently acquitted a man who was charged under Section 377 of the IPC for allegedly committing “unnatural sex” with his wife. The bench, comprising Justice Ram Manohar Narayan Mishra, observed that there is no criminal penalty for marital rape when the wife is of or above 18 years of age, reported Mint.
This has caused a massive uproar on social media with several people slamming India’s legal framework for their inability to recognize what a grave issue marital rape is and come up with laws to prevent it, penalize the perpetrators and protect the victims. Here’s what many people had to say to this judgement:
Everything you need to know about the institute of marriage in India and why its given so much importance you can tell by the fact that courts here have repeatedly said that its ok for a man to r@pe his wife https://t.co/JOqVCPHUzj
— Edgar Allan Poeha (@vaniIlaessence) December 12, 2023
how can you say the word rape and not realise it’s a crime immediately? https://t.co/tnfzPekMFJ
— mitski doi (@superachnural) December 12, 2023
Rape and “not offence” in same sentence is so ridiculous. https://t.co/ASvWjR1b4T
— ✨Disintegrating✨ (@whineandchill) December 12, 2023
Just say marriage is a licence to rape and get done with it already! https://t.co/AmuFS4bYdp
— Sayantan Ghosh (@sayantansunnyg) December 10, 2023
Rape is rape. Who the fuck is allowing these judges to make these decisions https://t.co/OY21E4R6Bo
— dodo bagins 🍉 (@nanotmonroe) December 11, 2023
You are literally still calling it rape! https://t.co/nw9i4UYgPj
— samarpita🌻 (@_glorious_mess) December 12, 2023
Wife is 18 or above, WHAT?! using r*pe and not offence in SAME SENTENCE?!! This country is progressing but backwards. someone gotta teach em what is "consent" 🤦♀️ https://t.co/06wQ0fVS99 pic.twitter.com/3fB5YHxGRh
— Mystica🦋 (@mysticainf) December 12, 2023
Calling it a rape and calling it not an offence at the same time! They don't even hear themselves! Already women are forced into marriages. And the fact that a wide can be 18 is enough to tell you she was forced into & is now being forcibly raped. https://t.co/o9VcTl5IwF
— 🐋 ⁷ SAW YOONGI TWICE 😭🇵🇸 #JinDay (@snoozedaway) December 12, 2023
How can a wife be under 18 anyway? https://t.co/RCp8UXKZv5
— Siddharth (@DearthOfSid) December 10, 2023
It’s rape if there’s no consent, which is a crime and should be punishable by law. As simple as that.
Do not throw in the “18” and “marital” here, it is irrelevant to the crime.
— Iғғɪ⁷🌸|📖:Into the Rose Garden🌹 (@shizunswontonss) December 12, 2023
This needs to be changed Rape is Rape no matter whether you are married or not , whether you are female or male .. No justification is good enough to have sex forced against ones wishes..
— Dr Aman Kapoor (@amankapoor) December 10, 2023
I just want to know if any woman was involved in the decision making here
— rercury in metrograde (@wahiladkiyaar) December 12, 2023
What are your views on this judgement?