DNA Edit: Marital rape is a violation of human rights and needs to be made about a matter of consent

The Gujarat High Court verdict – giving a clean chit to a husband who forced himself on his wife – will surely incense human rights groups and women activists.

For many victims of domestic abuse, the HC pronouncement legitimises marital rape and violates a woman’s right to her own body and mind. When the worldwide movement for consent has shaken the very foundations of patriarchy, critics would say that the court, instead of taking cognisance of the winds of change, has stuck to an existing law that’s crying for amendment.

In recent times, gender justice has become an extremely tricky issue, with both men and women protesting against the high-handedness of laws. While crime against girls and women have risen sharply, a section of society has begun to feel that in a bid for a course-correction, the criminal justice system has become overzealous against men.

It is believed that certain laws are prone to being misused by some women who want to settle scores with their husbands and in-laws. There is no doubt that an egalitarian society where men and women have equal rights and opportunities is still a far cry.

Even today, across cultures and geographies, women have to fight for their dignity. But, in case of marriage, which is based on love and mutual respect, why should a husband override the wife’s reluctance to engage in coitus? It’s an act of transgression, a defiance of the sacred vows that bind two people together.

While refusing sex for a long period of time can amount to cruelty, using force to satisfy carnal desires cannot be condoned. Ultimately, it’s a question of choice that every individual in a civilised society is free to exercise. The husband should be mindful of the fact that he doesn’t enjoy any special privileges.