India is currently witnessing a fierce debate surrounding marital rape as the Supreme Court hears petitions aimed at criminalizing the act. This legal challenge is significant as it seeks to overturn a colonial-era law that exempts husbands from prosecution for marital rape. Activists argue that this exemption perpetuates patriarchal norms and undermines women's rights [a6efb45]. The government has expressed concerns that criminalizing marital rape could be 'excessively harsh' and disrupt the institution of marriage, yet it acknowledges that a man does not have a fundamental right to force sex on his wife [a6efb45].
Recent statistics from the National Family Health Survey (2019-2021) reveal that 29% of married women aged 18-48 have experienced physical or sexual violence from their husbands, highlighting the urgent need for legal reform [a6efb45]. The brutal rape and murder of a doctor in Kolkata in August 2024 has further intensified calls for change, with many advocating for more robust protections for women against domestic violence [a6efb45].
Legal experts have criticized the existing laws as insufficient and inconsistent, arguing that they fail to adequately protect victims of marital violence. Activists emphasize the importance of raising awareness about consent and women's rights, urging society to confront and dismantle the patriarchal structures that allow such violence to persist [a6efb45]. As the debate continues, it reflects a broader struggle for gender equality and the recognition of women's autonomy in India [a6efb45].