Rahul Gandhi Talks About ‘Consent’ And ‘Women’s Safety’ Amid The Hearings At Delhi High Court To Criminalise Marital Rape

Rahul Gandhi Talks About ‘Consent’ And ‘Women’s Safety’ Amid The Hearings At Delhi High Court To Criminalise Marital Rape

The concept of consent is surely is an unheard conversation in India. A key component in the case of marriages, that often goes missing, leading to the rising cases of marital rape in Indian households. Unfortunately, India still remains amongst the list of 36 countries where it is not a crime for a man to rape a woman in wedlock. The debate has taken a centre stage with the entire nation exchanging dialogue on the current hearing in Delhi High Court to criminalise marital rape. A batch of petitions filed by NGOs RIT Foundation and All India Democratic Women’s Association seeking to criminalise marital rape by sticking down the exception given to husbands under section 375 of the Indian Penal Code. Sharing his two bits on the same, former Congress president, Rahul Gandhi took to his Twitter handle and shared on January 16, “Consent is amongst the most underrated concepts in our society. It has to be foregrounded to ensure safety for women. #MaritalRape.” The Congress leader’s tweet came after the Delhi High Court’s continued hearing to make marital rape a criminal offence.

Last week, Senior Advocate Rajshekhar Rao, came forward in favour of striking down this exception that protects husbands from rape charges. Furthermore, he also pointed out that rape dehumanises the very existence of women and that no matter how many legal remedies a woman may have to prosecute her husband in case of marital rape, it cannot undo the pain of not being able to call it rape. Justice Shankar also suggested the importance of “serious consideration” and stated, “There is no compromise with a woman’s right to sexual and bodily integrity. A husband has no business to compel. (But) the court can’t ignore what happens with we knock it (marital rape exception) off.” In accordance to the petitions filed by non-government organisations the Delhi High Court bench is hearing the final arguments on a batch of petitions. However, the central government in its earlier affidavit filed in the case, suggested that marital rape cannot be made a criminal offence as it could become a phenomenon that may destabilise the institution of marriage and an easy tool for harassing the husbands. I am sorry but, really?

ALSO READ: Indian Twitter Is More Worried Law Criminalising Marital Rape Will Be Misused Than They’ve Ever Been About India’s Rape Statistics

While, Twitter has already served as a medium between people, both for and against the subject, the Delhi government has told the court that marital rape was already covered as a “crime of cruelty” under the Indian Penal Code. It is sad, that one of the most horrifying issues with the Indian legal regime, still comes with the tag of being okay and legal. I mean, no relationship gives you the license to practise authority over another. In a country where the rape laws have been magnified through a patriarchal lens, the laws concerning ‘marital rape’ are observing a similar treatment. What I believe, is that rape, is rape, and hope that the existence of marital rape moves away from horrifying stats to a safe space in law, for women to live with dignity

Delhi HC Questions Why Married Women Can’t Say ‘No’, Amicus Curiae Supports Criminalising Marital Rape

 

Jasveen Kaur Sawhney

Jasveen Kaur is a fashion writer, and pyjama hoarder, who loves watching interviews of all kinds, and checking her Pinterest mood board every hour!

Read More From Jasveen
Seen it all?

We’ve got more!