Men, Your Reasons For Not Criminalising Marital Rape Are Stupid

Dear men, if you can’t empathise or support those who are fighting to criminalise marital rape, sit down.

A point-by-point rebuttal of the arguments put forth on why marital rape shouldn’t be made a crime. Image used for representational purposes. 

(Photo: iStock)

Wondering how to summon arguments in droves devoid of any logic, decency or empathy? Just say you support making marital rape a crime.

The Delhi High Court is hearing a petition challenging Exception 2 to Section 375 and Section 376B of the IPC – the clause which excludes marital rape as a criminal offence. The case has sparked a fiery debate on social media, with most men almost coming out of the woodwork to offer bizarre justifications for marital rape. They are not talking about difficulties in litigation or defining the nuances of marital rape – but rejecting its very existence. Or worse, arguing that it is a perfectly normal occurrence.

So, here’s a point-by-point rebuttal of the ridiculous arguments put forth (by mostly men) on why marital rape should not be made a crime. Be warned, your blood pressure might shoot up.

“How Will We Differentiate Between Sex and Rape?”

By using a little thing called consent.

Whether in a marriage, in an intimate relationship or with a stranger, a woman’s consent to sexual relations is of utmost importance while deciding whether it’s a consensual sexual act or rape. It’s not rocket science, but you can still use this consent questionnaire to clear things up.

“Why Can’t She Divorce?”

It’s rape.

A violation of woman’s consent causing both physical and mental trauma. Why shouldn't she have a redressal for justice?

Also Read: Here’s Why Our Govt Thinks Marital Rape Shouldn’t Be a Crime

“Marriage Will be Destabilised. Not in Indian Culture”

And raping wives is a part of Indian culture? What's the use of the institution of marriage, if it doesn't have space for a woman's consent?

Also Read: Marital Rape: The Secret Shame India’s Sweeping Under the Rug

“Every Wife Will File False Cases”

One, every wife won't. Not unless you’re raping her every day and don’t understand consent. (Refer to points above.) Two, how is the slight possibility or statistically low chances of false cases more important than the fact that many women in marriages are raped with NO shot at justice?

“How Can A State Interfere In What Happens in My Bedroom?”

In a landmark ruling, a nine-judge bench of the Supreme Court has said that privacy is a fundamental right and is an integral part of right to life under Article 21 of the Constitution, and as part of freedoms guaranteed under Part III of the Constitution.

The judgment also broadens the definition of privacy to include the right to live with dignity and bodily integrity. This means that it is possible for the State to interfere in the issue of marital rape since it violates a woman’s integral right to love with dignity and bodily autonomy.

Also Read: Privacy a Fundamental Right: Now What Happens With Marital Rape?

So, dear men, if you can't empathise or support those who are fighting to criminalise marital rape...

Sit the hell down.

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