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A protester lights candles during a vigil to mark the first anniversary of the Delhi gang
rape, in New Delhi on Dec. 16, 2013. (Reuters/Adnan Abidi)
By Adam Taylor-April 30
In recent years sexual violence has become a subject of fierce debate within India,
with new legislation put in place in 2013 designed to protect women from harassment,
assault and rape. Despite some progress made, critics say the government has failed to
address a number of specific issues in Indian society related to sexual violence.
One such issue is marital rape an act of non-consensual sex where the perpetrator's
spouse is the victim. India's Criminal Law (Amendment) Act from 2013 specifically
excluded this form of abuse, stating: "Sexual intercourse or sexual acts by a man with
his own wife, the wife not being under fifteen years of age, is not rape." Instead, under
the Protection of Women from Domestic Violence Act passed in 2005, marital rape
victims are offered only civil remedies to their cases.
This exemption has been challenged by activists both inside and outside of India. So
this week, India's government released a statement explaining why, in India, marital
rape is not criminalized.
[India fails to silence a BBC film exposing the New Delhi bus gang rape]
"It is considered that the concept of marital rape, as understood internationally,
cannot be suitably applied in the Indian context due to various factors e.g. level of
education/illiteracy, poverty, myriad social customs and values, religious beliefs,
mindset of the society to treat the marriage as a sacrament, etc," Haribhai Parathibhai
Chaudhary, minister of state for home affairs, said in a written statement.
The statement also said there was no proposal within India's government, now led by
Narendra Modi and the Bharatiya Janata Party, to change the law.
Many found the response lacking. Kanimozhi Karunanidhi, the politician who posed
the question to India's government, expressed disappointment with the answer and
said the argument about marriage being a sacrament was unconvincing.
I accept that the institution of marriage is an integral part of our social structure.
Many people across many faiths hold it sacred. But it has not stopped us from bringing
the anti-dowry law or domestic violence legislation, Karunanidhi told the Hindu
newspaper. Today, we are more receptive to womens rights and issues. This is not
against our culture. It is about protecting our women from violence and abuse."
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Adam Taylor writes about foreign affairs for The Washington Post.
Originally from London, he studied at the University of Manchester and
Columbia University.
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