When Marriage Stands Between Rape

The split verdict of the honourable Delhi High Court on the issue of marital rape has led to
immense deliberation upon the narrow line between the ‘Right and Wrong’. Rape cases
themselves hang from a thin rope of violation of consent, whose validity and credibility
varies as per the situation in which the said crime was committed. These thin and blurry
lines are synonymous with any women’s issues these days. Women’s issues have now
become a Whack-a-Mole game with the hammer in the hands of the institutionalised
patriarchy. It is a game of chance where justice is handed based not on the right that
ensures it, but rather the mere chance of being able to avoid the strict hammer of men. No
wonder Thor had the hammer and not Hela.
It is common parlance for men to dismiss marital rape as criminal, at times on public forums
in the most condescending and demeaning ways. Patriarchy has led them to believe that
they can mansplain their way through this too. They are not wrong though. They do
mansplain their way through every other matter when it comes to women’s rights. Men
have been dictating lives of women, their roles, rights and responsibilities through public
institutions, academic literature, language and even the judiciary. It might seem like an
exaggeration to say this in 2022, but what I cannot get off my mind is the fact that even a
split verdict on the marital rape case is a difference of opinion between two men.
But the final decision has not been given and is up to the honourable Supreme Court now,
which, if all goes well, is awaiting its first woman Chief Justice in the coming years. So, to
dally on the judicial aspect is something I will avoid for now and hope to avoid after the final
verdict too, given yet again, if all goes well. What cannot be avoided is the need to recognise
the shortcomings in our system, social or political and not blatantly oppose any suggestible
change in old policies.
Around 150 countries have criminalized marital rape as of 2019. While India boasts of
leading the fight against COVID, yet we are unwilling to lead the fight against women’s
issues with the same enthusiasm. Enthusiasm is very far-fetched; we do not even give them
the due recognition, forget support, all in the name of preservation of culture and
traditions. But neither the sindoor nor the mangal sutra is supposed to protect the wife. It
only protects the husband and the marriage. And the nikkahnama, though a contract, rarely
ever addresses just treatment towards the bride after marriage. So, if a woman demands
her rights to be protected after marriage, does that not seem a fair demand?