America's Stunning Hypocrisy on Indian Marital Rape Laws

 by Nomad

After a judge in India decided that rape laws could not be applied to married couples, it was easy in the West to sneer at the utter backward-ness of the world's largest democracy. Clearly women are still treated as second class citizens.. there.
Yet how much difference is there between Indian laws and laws in the US regarding spousal rape? The answers might surprise you.

In India, issues related to rape have in the last few years been, for the first time a matter of public discussion. In a sign- perhaps- of a flourishing democracy, ideas on this subject are evolving at a rapid pace. Yet, in some respects, public attitudes might seem hopeless trapped in the past.

For example, the question of recognizing rape within the bounds of marriage, marital rape or spousal rape, is still a thorny one in India. The syndicated news story below provides us with an example.

Marital rape is officially legal in India

A judge in India has officially confirmed that rape laws do not apply to married couples — once you’re legally wed, forced sex is no longer a crime.

What’s especially chilling is that the judge, Virender Bhat, was hearing a case in which a woman alleged she had been drugged, then forced to marry, and then raped — in other words, she hadn’t consented to the marriage or the sex. Bhat said there was no evidence that the accuser had been drugged, but he also said that if the woman’s husband (identified only as Vikash) had forced himself on her, that wouldn’t qualify as rape under Indian law....

This isn’t the first time marital rape has been an issue in India. Recently, after a student was raped and murdered in Delhi, a committee headed by former Indian Supreme Court chief justice J.S. Verma made a number of recommendations for improving India’s rape laws, including doing away with the marital rape exemption. According to the Verma Committee’s report:

Under the Indian Penal Code sexual intercourse without consent is prohibited. However, an exception to the offence of rape exists in relation to un-consented sexual intercourse by a husband upon a wife. The Committee recommended that the exception to marital rape should be removed. Marriage should not be considered as an irrevocable consent to sexual acts.

The country strengthened its sexual assault laws based on the committee’s recommendations, but the marital rape law remained unchanged — and this new ruling just reconfirms it.

This story- replete with the colorful images of India- made a few waves on the vast Internet sea.  But it was really only half of the story.

Before we get on a high horse and "tsk, tsk" at that backward India, it is important to add a little perspective. India is not any more backward in this respect than the 38 other countries where marital rape is not recognized as a crime. This includes nations like Nigeria, Kuwait, Singapore, Uganda, Mongolia, Iran, China and Saudi Arabia. From Afghanistan to Zambia, the laws, in effect, do not allow wives to refuse their husbands' demands for sex.

Here's something else you might find surprising.