India: the recognition of marital rape in debate at the High Court of Delhi
Meera, a victim of marital rape, photographed in 2016 in New Delhi (illustration photo).
AFP - CHANDAN KHANNA
Text by: RFI Follow
2 mins
In India, the Delhi High Court is considering a petition to have marital rape recognized.
It is indeed impossible in the eyes of Indian law to speak of “rape” within a married couple.
The debate around this taboo subject meets with a broad echo in Indian society, but also resistance, especially that of the power in place.
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With our correspondent in New Delhi,
Côme Bastin
India considers that the crime of rape cannot exist within a couple, marriage being equivalent to tacit sexual consent.
But since January 12, the Delhi High Court has been discussing ending this exception at the request of several associations.
Among the latter, the RIT foundation, of which Chitra Awasthi is the president.
“
As civil society actors, we are confronted with many cases of sexual abuse within married couples.
The problem is that the wife tends to think that it is normal to suffer and the husband that he has every right.
This is why we must make marital rape a crime punishable by law!
»
But the cause also has its opponents.
The central government recommended on Friday not to “
blindly follow the West in criminalizing marital rape
”.
Reason: in a country as poorly educated as India, the law could be misused.
At the helm on Thursday, the NGO Men Welfare Trust said that its recognition would endanger the institution of marriage and the freedom of husbands.
Chitra Awasthi remains confident.
“
Today,
she says,
people are finally discussing and debating this taboo subject.
This is good, because no law can be imposed without mentalities changing elsewhere.
»
Around the world, around thirty countries still do not recognize marital rape.
►Read also: In India, rape by a person of the same sex is still not punishable by law
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