Marital Rape is Not a Crime in 32 Countries. One of Them is India
News 18Sexual intercourse between a husband and wife, even if without the wife’s consent is not rape, the Chhattisgarh High Court observed on Thursday, acquitting a man of marital rape. According to the World Health Organisation, Sexual violence is defined as: “any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.” However, marital rape is not recognised in many countries. These include: Pakistan Bangladesh China Haiti Laos Mali Myanmar Senegal Tajikistan Afghanistan Botswana Democratic Republic of Congo Iran Lebanon Malaysia Nigeria Singapore Uganda Algeria Brunei Darussalam Egypt Cote dIvoire Libya Mongolia Oman South Sudan Yemen Bahrain Central African Republic Ethiopia Kuwait Constitution and Marital Rape Lawyers and experts argue that the exception created by Section 375 is violative of the fundamental rights of equality, dignity and privacy of women. A report in the Leaflet argues that Section 375 violates the rights of the married women, who are victims of rape, to be treated equally with their husbands and with other victims of the same offence, and that the exception that excludes married women from getting protection under the section, is not based on intelligible differentia as it solely relies on the basis of her marital status.