In a recent judgement, the Chhattisgarh High Court made a judgement that forceful sexual intercourse will not amount to rape if the age of the wife is above 15 years. At first, it may seem to the common people what is new in it. The real disgust about the whole scenario catches our eye when we get to know the bitter truth. A woman gave her statement before taking her last breath. The statement being recorded did not make any difference to the court of justice.
The woman mentioned how ruthlessly her husband forced himself into her. The doctor said that she had a rectal perforation and peritonitis. This was rape, and it should and must not be normalised. Marriage can never be a license for men to force women. The court is justifying the judgement by pointing out that consent within a marriage carries no legal constraints. The question which arises is whether there are any such agreements in an Indian marriage where the husband can treat his wife as his property and not a human being and live alone as a woman. Does this sound provocative?
Well, it is. Just think how cruel it will be if it's real. Is it so hard for society to accept that marriage is just a social and personal bond between a man and a woman and not a ridiculous license to rape a woman.
Image Credit: India Today
Well, the judgment is not limited to just this case. It will act as a nightmare for every woman who is unmarried in India. Marital rape is seen to have been normalized since time immemorial. Mothers tell their daughters to adjust, saying, ‘Abhi teri shaadi ho gayi hai, pati ko khush rakhna teri zimmedari hai’, which translates to “Now that you’ve got married, it is your sole responsibility to keep your husband happy”. Maybe it has been like a tradition that is passed on from generations. If a woman is saying no, it is of no value to the husband, as she is his MARRIED wife, her No is equivalent to her affirmation.
The court has declared the husband of the deceased innocent, giving him the option of marrying again and repeating the same behaviour. The misogynistic attitude of the people has gained a higher level of satisfaction with this judgement. The court made it clear with this judgement, that a woman’s body is owned by the husband after her marriage and that her consent is of no value. Even if she begs to stop and loses her physical and mental peace, it would not make any difference to society.
For a while, if we imagine the tables to be turned, will the situation be similar? But the case would never be the same. We would have had laws that would cater to the rights of men in the best way possible. Maybe this case would have changed the laws of India if it were about a man. But let’s not think about a euphoric world, rather, focus on the real issue and find avenues to make a change, not just for the women who are the mothers, daughters and sisters, but also for the women who are human beings.
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