Should #MaritalRape Be A Criminal Offence? Two Sides To A Debate That Will Affect You

The government has spoken out against formally classifying marital rape, stating that it goes against Indian society. While discussion was triggered by DMK MP Kanimozhi in Rajya Sabha, who posed a query on, the issue has been a contentious one for a few years now.

And just like any other topic that directly touches your life, it is important to consider both sides.

A parliamentary committee, headed by erstwhile home affairs M Venkaiah Naidu, agreed with the UPA government in 2013 that "marital rape" should not be a sexual offence in the anti-rape ordinance passed that year. According to the committee, the possibility of a woman accusing her husband of rape "has the potential of destroying the institution of marriage".

The committee had stated that: "In India, for ages, the family system has evolved... Family is able to resolve the (marital) problems and there is also a provision under the law for cruelty against women. It was, therefore, felt that if marital rape is brought under the law, the entire family system will be under great stress and the committee may perhaps be doing more injustice."

Kanimozhi Karunanidhi, MP (Rajya Sabha) had spoken out against it then, arguing that consent in marriage was not "forever". And she has spoken out against it this year, sparking off the debate again with a written question asking to add marital rape to the Indian Penal Code"

She said: "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. Today, we are more receptive to women¡¯s rights and issues. This is not against our culture. It is about protecting our women from violence and abuse."

In response, Haribhai Parthibhai Chaudhary, a Lok Sabha MP and Union Home Affairs Minister played the India card, stating that "level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society" prevented the government from making marital rape legal.

On the other hand, there have been pretty loud voices against the demand to make Marital Rape a punishable offence.

Madhu Kishwar, Writer, Senior Fellow at the Centre for the Study of Developing Societies

Marital rape is brutal reality 4many women.But solution doesn't lie in another 498A type draconian law. Laws need surgical precision @BDUTT

¡ª Madhu Kishwar (@madhukishwar) April 27, 2015

Deepika Bhardwaj, Anchor, Journalist and Documentary Filmmaker

IPC 498A: physical or mental cruelty on a woman.
Domestic Violence Act: sexual violence.
Unnatural sex: IPC 377.
Why do we need another draconian law where a mere statement can accuse men of rape? The law should define the punishment for a woman alleging false rape....If they agree to it, let's bring the law.

Misuse of #MaritalRape has already started even before the law comes @BDUTT how do u respond to this? pic.twitter.com/F1weU3o12T

¡ª Deepika Bhardwaj (@DeepikaBhardwaj) April 27, 2015

They are asking for a law for #MaritalRape when misuse of law has started even before it comes into force! #falserape pic.twitter.com/sxwaNLyaOJ

¡ª Deepika Bhardwaj (@DeepikaBhardwaj) April 12, 2015

Jyoti Tiwari, men¡¯s welfare activist and a research analyst, Confidare Consultancy

Instead of making a strict law 2 punish the false accusers they r bringing one more law #maritalrape

¡ª Jyoti Tiwari (@jyotitiwari05) April 30, 2015

Aditi Mittal, Indian stand-up comedian, actress and writer (with some comic relief!)

"look, you're almost 25, it's high time you find someone who can rape you with out any legal consequence." -Indian Parents

¡ª Aditi Mittal (@awryaditi) April 30, 2015

(Lead image used for representational purpose only)