While several Indian courts have penalized people accused of marital abuse of any kind and stated that marital rape is a valid ground for divorce, the fact that marital rape is still legal in India stays put.
However, this status might soon change as the Delhi High Court is currently hearing petitions seeking to criminalize marital rape, reported The Indian Express.
Several petitioners have asked the lawmakers to strike down section 375 of the Indian Penal Code that protects men who have forced non-consensual intercourse with their wives from criminal prosecution.
In this regard, the bench of Justice Rajiv Shakdher and Justice C Hari Shankar hearing the petition asked, “Just because she is married, does she lose her right to say ‘no’?” reported The Wire. It further elaborated, “Is the firewall justifiable on the test of Articles 14 and 21? It is only that narrow aspect that we have to look into. To say that the wife can go and seek divorce if the husband imposes himself on her is not the issue here.”
“Why is it so different from an unmarried woman? It affects an unmarried woman’s dignity but it does not affect the dignity of a married woman? How is it? What is the answer to this? Does she lose her right to say ‘no’? Have 50 countries (which have made marital rape an offence) got it wrong?”
Senior Advocate Rajshekhar Rao, an amicus curiae in the case submitted that act of non-consensual sexual intercourse or ‘rape’ is abhorrent and inherently violative of the basic right to life and liberty guaranteed under Article 21. “It violates a woman’s right to equality, personal and sexual autonomy, and reproductive choices.”
A lot is currently happening in the court in regards to deciding whether or not marital rape will be criminalized in India. And while that happens, people online have also started putting forth their arguments defending and supporting the petition.
Marital Rape hearing:
Sr Adv Rajshekhar Rao: "The law says you are two equals in the eyes of law. So, why should a husband's desire to have sex that day trump the wife's desire to not."#MaritalRape
— Areeb Uddin (@Areebuddin14) January 13, 2022
Somebody who doesn't know what a consent of a wife is, is representing Indian wifes in #MaritalRape PIL in DHC & comparing it with the consent of a prostitute.
Such a shameful level these radical feminists can go to.Thankfully there was an interjection on this sticky ground.
— Amit Lakhani (@TheAmitLakhani) January 13, 2022
Some men crying because there is an ongoing discussion about #MaritalRape being legally punishable as rape. Any man defending it or pretending it is going to be misused is shameless. Criminalization of marital rape is long overdue.
— Aditi (@aditi____sharma) January 13, 2022
The amount of people that are against this provision don't really understand the concept of consent. Every woman has the right to say NO, what is so hard to understand? The worst part is you can see so many women who are against it and making fun of it. Shame on you#MaritalRape
— Arya (@ikissedlucifer) January 13, 2022
This argument is beyond dumb. Rape is rape, married or otherwise, if there was no consent, it is rape. Period.
Marriage is a legally binding contract to co-ownership of rights, property and caregiving.
Marriage is not an eternal consent for sex. pic.twitter.com/woEMYvvQUH
— Srivathsa (@Srivathsabn) January 13, 2022
A huge number of people expressed concern that if marital rape is criminalized, it will be misused against men.
It is time for every MAN to wake up and fight against the institutional and structural injustice that will be on him if #MaritalRape argument goes thru.
It will open up a Pandora's box of false allegations and will be an extortion tool for women's lawyers.. #MenToo pic.twitter.com/Exyr9Jp6pW
— Rahul Easwar (@RahulEaswar) January 13, 2022
India is going to criminalize #MaritalRape
While I totally agree that there's sexual abuse of women in marriage & it should be punished, we already have provisions to deal with it
What we do not have is – any deterrent to stop false cases against men
A THREAD
— Deepika Narayan Bhardwaj (@DeepikaBhardwaj) January 13, 2022
#MaritalRape #DelhiHighCourt
Every indian single men be like pic.twitter.com/VgDeR3pB2Q— Humor at Phone (@1990sidd) January 13, 2022
How many women in India are raped by their husbands?
What are the numbers in a country with 1.39 bn population?
Without any data, feminists are pushing for #MaritalRape law fuelling emotions through social media
A law which will be used to tame every Husband#SpeakUpMen
— Men’s Day Out (@MensDayOutIndia) January 13, 2022
Marriage is not a battle b/w husband & wife. Don't turn it into one.
It's a sacred bond under assault at the hands of those elites whose body lives in ghatkopar & brain lives in NYC.
They consume Americanism, they live in their elite bubble & rule Indians as colonized subjects.— 🍁 (@srjkkbr) January 10, 2022
#MaritalRape : Do u know why Women Activist are now so desperate to term their Husband a #Rapist?
Extortion of Money & Property of Husband Family, nothing else.
Earlier they do with #IPC498A-Now difficult as Men #FightBack.
Then in 2012 tried via IRBM-Men #FightBack & Stop it. pic.twitter.com/2FN1HOrQuQ— SwarupSarkar (@swarup1972) January 11, 2022
#MaritalRape
Goodbye Indian Family system !! Another false charged of 376 will be added alongwith 498a etc. Male will discourage marriage.— Ajay C (@Ajay65578155) January 13, 2022
More than 70% of the rape cases filed in India are fake (NCRB).
The government is discussing law for "Marital Rape" and men is always prejudiced to be guilty before proven.
Rapes are of grave concern and so is the condition of innocent men needs to be.#MaritalRape #MenToo
— Krishna (@scorchedstone) January 13, 2022
Karuna Nundy compares sexual expectation a husband has from his wife to that a man has from a sex worker. Quite clear what feminists think of this sacred institution called Marriage. Such low. What a shame @karunanundy #MaritalRape
— Deepika Narayan Bhardwaj (@DeepikaBhardwaj) January 13, 2022
Surprisingly, some of the people online have also come up with a #MenToo campaign in reference to the #MeToo campaign advocating sexual abuse and encouraging victims to speak up. What are your opinions on this matter?