women’s legal organizations reacted with fury, calling the current law a “relic” of the colonial era, which has no place in modern India.
India is one of about 30 countries in the world where it is still legal for a husband to rape his wife.
the superior court in Delhi should make a court decision within a month on whether to recognize marital rape as a crime or not.
But the Indian government warned the court to reject the proposed amendment, which will apply to the whole country, as, according to them, it will lead woman to accusing their husband of rape by mistake.
the government mentioned that the criminalization of marital rape “may pave the way for the creation of false cases with ulterior motives” and is not acceptable in India, due to the high level of literacy and cultural norms.
women’s right activists claim that this law is the main reason for marital rape, as men understand that they can act with impunity.
“a huge number of women in India have experienced a marital rape, it is widespread, especially in the context of child marriage, when little girls get married, and do not have the opportunity to say yes or no, because they do not yet understand the concept of consent” says Dr. Ranjana Kumari.
a 2018 Thompson Reuters study declared India the most dangerous country for women in the world, due to the high risk of sexual violence and the likelihood that women may be forced into slave labor.
based on the 2016 survey by the Indian government, more than 30% of 610,000 women surveyed in 5 Indian states have been subjected to sexual or physical violence in marriage. this figure rose to 44 and 40 percent in the states of Karnataka and Bihar, respectively.
Indian society is extremely patriarchal. many women rarely leave their homes and do not have the financial means and social support to go to court or ask for help with a statement against their husbands.
Meanwhile, the Indian government is seeking to enforce the current legislation in order to attract the majority of male voters in the elections, the organizations for the woman’s right secure is suggested.
