Overview:
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Context
On May 10, 2022, a two-judge bench of the Delhi High Court gave a split ruling on marital rape, thus ensuring a future hearing in the Supreme Court. The legal battles will, of course, continue but this may nevertheless be a good moment to examine the issues that lie behind it.
Background
Analysis
Marital Rape: Against legal provisions
Judicial interpretation on Marital Rape:
Supreme court in all these judgment recognized right to abstain from sexual relation as a fundamental right under Article 21 of the Constitution for all women irrespective of their marital status, ensuring right to equality under Article 14. |
Who are the major stakeholders involved?
‘Non-consensual Intercourse after marriage’, Is it a rape?
The ethical dilemma to consider the non-consensual intercourse after marriage arises from the roots of conflicts of values;
Right to privacy, liberty, dignity and bodily integrity of the wife v/s Family Institution and right of husband to have safe and private conjugal relation with wife.
Interest of the wife:
Article 21 of the constitution provides Right to life with dignity which includes privacy, liberty and bodily integrity. Right to life the epitome of the human existence which should be available to all the citizen irrespective of gender and marital status. Right to privacy includes decisional privacy of intimate relations. Merging the identity of married women with that of her husbands and not recognizing wife’s independent identity is a direct attempt to the liberty of the women. Any non-consensual attempt to have sexual and physical relation irrespective of marital status of the women should be considered as attempt to sexual violence and rape.
Interest of the husband:
Marital relations between two individual provides a perpetual consent to have sexual intercourse from both the sides. Right to have sexual relation with wife also becomes essential agenda to protect the family institution of the society. Apart from family institutions it is also important to protect the right of husbands to get immunity from false complaints of sexual assault.
Who are prone to major losses?
Conclusion
The decision in the interest of the major stakeholders should be taken by considering the above points
PRACTICE QUESTION Q1. Debate over marital rape is rooted in 'conventional morality' and undermines the autonomy of a class of people. Critically analyse. Q2. “The marital rape exception is the result of moral ambiguity that comes out of uneasy relationship between law and morality.” Discuss. |
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