Guess What Indian Laws Say If a Husband RAPES the Wife He’s Separated From.
DELHI,
On 7 January 2018, the Delhi Police arrested a 34-year-old man for allegedly having "unlawful SEXUAL intercourse" with his wife from whom he had separated. The case was registered under sections 323 of the Indian Penal Code, which criminalises assault, as well as under section 376B, which criminalises SEXUAL intercourse with a separated wife without consent. Yes, there is an entire section of the IPC dedicated to explaining RAPE as committed by a man against a WOMAN from whom he has separated and who is not a live-in partner or a divorced wife. You’d think RAPE would just be that, RAPE. But not in the eyes of the law in India which compartmentalises the criminality of the act based on the relationship of the victim to the RAPIST. It is important to note that it’s not that the law just doesn’t recognise the crime, but it has, in fact, actively added an exception that sets marital RAPE aside.There are in total, two exceptions to the standard RAPE law in the IPC.The first says that a medical procedure or intervention won’t count as RAPE and the second states, "SEXUAL intercourse or SEXUAL acts by a man with his own wife, the wife not being under fifteen years of age, is not RAPE." Yup, the law basically tells WOMEN that once they have married a man, they have given de facto consent to their husbands to have sex with them as and when they want.The act of marriage itself is an act of signing off power of attorney of one’s SEXUAL agency. If one is to take only a couple of steps back and take a look at India’s RAPE laws, it’s more than evident that the hierarchy is based on the concept of WOMEN as property. Punishment varies based on how much ownership a man continues to have over his wife. While the data on marital RAPE in India exists, marital RAPE as a crime, “does not exist”.“
How can the legal and judicial systems of the country, with a clear conscience, talk about eradicating RAPE culture when its fundamental principle of WOMEN as property is also the basis of the state’s laws to ‘protect’ WOMEN?This is just another example of how shaadi and sanskar are seen as more important than the protection of WOMEN in India.
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