Voice of Silence on Violence

Sexual violence occurs throughout the world. Although in most countries there has been little research conducted on the problem, available data suggest that in some countries nearly one in four women may experience sexual violence by an intimate partner, and up to one-third of adolescent girls report their first sexual experience as being forced. Sexual violence has a profound impact on physical and mental health. As well as causing physical injury, it is associated with an increased risk of a range of sexual and reproductive health problems, with both immediate and long-term consequences. Its impact on mental health can be as serious as its physical impact, and may be equally long lasting. Deaths following sexual violence may be as a result of suicide, HIV infection or murder – the latter occurring either during a sexual assault or subsequently, as a murder of ‘‘honour’’. Sexual violence can also profoundly affect the social wellbeing of victims; individuals may be stigmatized and os...

A wide range of sexually violent acts can take place in different circumstances and settings. These include, for example: — rape within marriage or dating relationships; — rape by strangers; — systematic rape during armed conflict; — unwanted sexual advances or sexual harassment, including demanding sex in return for favours; — sexual abuse of mentally or physically disabled people; — sexual abuse of children; — forced marriage or cohabitation, including the marriage of children; — denial of the right to use contraception or to adopt other measures to protect against sexually transmitted diseases; — forced abortion; — violent acts against the sexual integrity of women, including female genital mutilation and obligatory inspections for virginity; — forced prostitution and trafficking of people for the purpose of sexual exploitation.

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. Coercion can cover a whole spectrum of degrees of force. Apart from physical force, it may involve psychological intimidation, blackmail or other threats – for instance, the threat of physical harm, of being dismissed from a job or of not obtaining a job that is sought. It may also occur when the person aggressed is unable to give consent – for instance, while drunk, drugged, asleep or mentally incapable of understanding the situation. Sexual violence includes rape, defined as physically forced or otherwise coerced penetration – even if slight – of the vulva or anus, using a penis, other body parts or an object. The attempt to do so is known as attempted rape. Rap...

The recent landmark rulings by Supreme Court on Privacy Judgement and Triple Talaq are incomplete without repealing the draconian Section 377 and Criminalising Marital Rape. Rape laws in India continue with the patriarchal mindset of considering women to be the property of men post marriage with no autonomy or agency over their bodies. Marital rape has been impeached in approximately 106 countries and is documented as a desecration of human rights. Among the 106 countries, 32 consider it as a special criminal offence, and the remaining 74 include it in the general rape provisions. Even though many countries around the world have taken such strong and progressive steps, India is one of the 36 countries where it is still not a criminal offence and is untouched by the lawmakers of our country.

Despite the brutal gangrape and death of ‘Nirbhaya’, the massive protests, the uproar in parliament and the Justice Verma Committee (which did in fact recommend criminalising marital rape), India’s parliamentarians just could not find it in them to treat married and unmarried women equally, on matters of rape. Married women have been made a special category in the law. The Criminal Law Amendment Act 2013, which parliament quickly passed after the death of Nirbhaya, left intact the Indian Penal Code exception on matters of rape of married women. “Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape,” says the law, while explaining the various instances of: “A man is said to commit “rape” if he…” In the event of the law denying the reality of sexual violence within marriages, “Married women only have the option of using section 498A of the Indian Penal Code, which lays down provisions on cruelty, if ...

Sexual violence of course gets progressively worse if the husband is an alcoholic – 66% of married women experienced physical or sexual violence when “husband gets drunk often”. Manipur fares the worst among all states in terms of women who have said they have been victims of physical, sexual or emotional violence. 55% of married Manipuri women have been victims to these kinds of violence. Sikkim has the lowest number of victims at 3.5%. A very small percentage of women seek any kind of help for the violence they have experienced. Victims of sexual violence are the most reluctant to seek out help – only 10% of married victims of sexual violence seek help.