The Poetic Ideal vs. Legal Reality
Marriage... is the most intimate of all human relationships, a union founded on mutual respect and love, " quoted Immanuel Kant. A veritable and pure relationship affixed with strong emotions is what a marriage is. But is the relationship actually so identical to these poetic references? Every year, thousands of marriages are registered in India. Regulation is a prerequisite for every marriage to be legalized and enforceable by law.
Legal Framework for Marriage in India
The Supreme Court ruled that every Indian citizen belonging to diverse religions should be registered under the specific marriage laws of their distinct state. Without registration, the marriage will be held invalid and unenforceable. In India, marriages are protected under mainly four laws, i.e., Hindu Marriage Law, Christian Marriage Law, Muslim Marriage Law, and Special Marriage Law. These laws protect and prov,,ide legal assistance to both parties involved in a legal relationship. It includes issues of maintenance, divorce, pre-requites of marriage, etc.
The Challenge of Marital Rape Legislation
The mere existence of these laws is to provide justice to people who have been wronged in relationships. But what happens when this esteemed legal system on which many citizens rely takes no action against such a repulsive and cruel act of marital rape? All around the world, several governments have illegalized the crime of marital rape. But a developing country like India is still facing difficulties in implementing laws. Independent Thought v. Union of India highlights the question of whether non conscientious activity forced by a husband on a wife age between 15 and 18 is marital rape or not. In the court judgment, the court failed to address the issue of marital rape when the wife is over 18.
Controversial Court Judgments on Marital Rape
In Dilip Pandey v. the State of Chhattisgarh, a shocking judgment by the court erupted outrage when the court ruled that any sexual act by the spouse is not rape, even when the wife is not consenting to it. Such a sensitive topic as rape and such seemingly patriarchal and biased judgments by the court is a worrying situation. But several judgements have reportedly supported the illegal nature of marital rape. In Madhukar Narayan v. State of Maharashtra, the Bombay High Court ruled a relief judgment that consent is pivotal even when the two parties are married, sexual intercourse should not happen without mutual consent. The petition was quashed by the court where the husband wanted Section 376 of the Indian Penal Code charges to be dropped. The court found that marital rape is violative of Article 14 of the wife and that legalized marriage does not give free passes to husbands to be "brutal beasts "on their spouses.
Cultural Norms and Legal Reform
In India, respecting husbands has been a part of the culture, but Indian women often misinterpret it as an excuse for tolerating abuse by their husbands. Moreover, specialized teams should be created to investigate the reliability of the accusation against the accused, avoiding false cases. Creating awareness will empower women to speak their voice against injustice and exploitation, creating a healthy and pure marriage institution.
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