India’s government has sparked controversy by resisting calls to criminalize marital rape, despite ongoing pressure from campaigners. The outdated penal code, dating back to British colonial rule, explicitly states that sexual acts by a husband on his wife are not considered rape. Prime Minister Narendra Modi’s government recently revised the penal code, keeping this clause intact, much to the dismay of activists fighting to make marital rape illegal.
In a recent court filing, India’s interior ministry argued that while marital rape should have consequences, they should be less severe than punishment for rape outside of marriage. The government claims that existing laws on domestic violence adequately address the issue of marital rape, despite the lack of criminal penalties for perpetrators.
Shocking statistics reveal that six percent of married Indian women have reported spousal sexual violence, with over 10 million women estimated to have been victims. Furthermore, nearly 18 percent of married women feel unable to refuse sex with their husbands. In a country where divorce is taboo and social pressure to sustain unhappy marriages is common, seeking justice for victims of marital rape remains a slow and challenging process.
With chronic backlogs in the criminal justice system, cases like the one seeking to criminalize marital rape face lengthy delays. Despite these obstacles, campaigners continue to push for change and justice for victims of this pervasive form of violence.