Marital rape law will add to legal terrorism
The world over, sexual violence and abuse in marriage are a common phenomenon. Those who say that acknowledging the reality of marital rape is against Indian culture neither know India nor are cultured. A cultured society is one that faces problems head-on, instead of pretending they don’t exist. However, it is plain common sense that before demanding amendments to existing laws or enactment of new laws, we must carry out a thorough audit of existing laws on the subject.
The zealous campaigners demanding a new law to cover marital rape have created a misleading impression that Indian laws provide no recourse to women who suffer sexual abuse and violence at the hands of their husbands.
DVA covers sexual violence
The truth is that the Domestic Violence Act of 2005, along with Section 498A of the Indian Penal Code, has more than enough provisions to provide relief to a victim of spousal violence and abuse including sexual or emotional violence or economic deprivation. True, the term “rape” is not mentioned in either of these laws. But isn’t sexual violence the same as “rape”? Why this bizarre obsession with getting an antiquarian term included in marriage laws?
When DVA defines “physical abuse” as acts that “cause bodily pain, harm, danger to life, limb or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force,”does it not adequately cover what can be termed ‘rape’?
This story is from the September 24, 2017 edition of THE WEEK.
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This story is from the September 24, 2017 edition of THE WEEK.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
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