Marital rape remains a contentious issue in India, where the government has opposed criminalizing it, citing concerns that it would be “excessively harsh.” The Supreme Court is hearing petitions to amend a British-era law that currently exempts men from being prosecuted for rape within marriage. This law, dating back to 1860, is seen as outdated by campaigners who argue that forced sex is rape, regardless of the relationship between the individuals involved.
Despite more than 100 countries having outlawed marital rape, India, along with countries like Pakistan, Afghanistan, and Saudi Arabia, still holds onto this archaic law. Advocates for change have highlighted the prevalence of sexual violence within marriages, with one in 25 women in India reportedly experiencing such abuse. The United Nations, Human Rights Watch, and Amnesty International have all raised concerns about India’s reluctance to criminalize marital rape.
As the Supreme Court continues to deliberate on this issue, the debate around the rights of married women and the sanctity of marriage itself rages on. Ultimately, the decision to update this law will have far-reaching implications for gender equality and the protection of women’s rights in India.
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