The Exception to Section 375

She sits on the bed, lathering cream on her hands, when he enters the room. He clears his throat, wills her to catch his eyes. She stiffens, but continues her task.
That bitch! She is my wife! Mine! And does she even look at me? Does she ask what I want? And she applies cream, as though it matters…Oh! Not again! I’m her husband, and I’ll teach her how to please me..
The red of her saree beckons him, and he goes. At the first touch of her shoulder, she freezes.
Please. Not today..I don’t feel like..
You never do, you bitch! But today, you are going to please me..I’m tired of your denials.
Please, please.. maybe tomorrow.. Please stop!
The pleats of her saree, so neatly draped, are rashly undone. The six yards so dutifully worn, now lies crumpled on the floor. His hands roam over her breasts, hips, torso- its undisputed owner. Her tiny strength and struggles does not register against his muscular command. The seconds tick by and with each tick the hands seem to gain new force and purpose.
Please! I beg you! Please, STOP!, she sobs.
Shut up! You will wake everyone! Shut up and learn what a wife’s duty is..Come on! Yes! Come on!..
Lips – one bruising, the other clamped shut – meet. All her clothes are on the floor now, the inner garments ripped in the frenzy to get it off. He is undoing his belt, his pant zippers. His boxers lie on the top of the heap.
Her chest heaves with the silence of her violent, unheard tears. Her eyes are screwed closed, in a desperate hope that this scene is not seen. As he lies on top of her, the touch of naked skin makes her jerk. The fear is raw, the touch burning and the heart beat a crescendo.
Yes! Finally!, he pants. It will teach you a lesson. Will you tell “No” the next time I come near you, woman! Open your legs! Come on! Yes!
Legs are forced apart.
He grunts and pushes in.
She screams but his hands quickly smothers her mouth.
He grunts again, and after a powerful heave, stills.
Rolling over, he drops of to a satiated sleep.

Well.
Not that uncommon, is it?
Acceptable?
The law says, Oh yes, Quite.

Cut to Section 375 of the Indian Penal Code (or, abbreviated as the IPC), which is produced below, verbatim.

Rape – A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:

1. Against her will.
2. Without her consent.
3. With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
4. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
5. With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another, of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
6. With or without her consent, when she is under 16 years of age.

Exception – Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.

So there we are, after voluble words and long, double negative sentences, at the crux of the matter. The entire section, which was doing an admirable job of defining “Rape”, becomes quite ridiculous after a witless epilogue.
Sexual intercourse with a wife (even if she is unwilling) is specifically not rape.

The law of land might be what creates order; but we should not forget that it is also a beacon. It is a guiding light of ethics, morality and stitched to fit each country’s traditions. It is a holy text in itself, a lesson in how an informed society should behave and think. A hope for the wronged, an assurance that there is a remedy.

Being a firm believer of this, I was absolutely bewildered when I came across a section which tosses the concept of a woman’s consent out the window, on the grounds of her marriage.
The lawmakers (in other words, our esteemed Members of Parliament) have clean washed their hands off this issue.
The Union of India is more concerned with ensuring, in its own words, “that it does not become a phenomenon which may destabilize the institution of marriage apart from being an easy tool for harassing the husbands.”
In the words of Ms. Maneka Gandhi (The Minister for Child & Women Empowerment, no less), “It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors like level of education, illiteracy, poverty”
Please give me a bin, I want to barf. (I’ll also be happy to do it on Mrs. Gandhi’s foot)

Can it be said that married women have no recourse? Not really.
There is an Act very beautifully called “Protection of Women from Domestic Violence Act, 2005”. Maximum penalty: Imprisonment up to 1 year, fine, or both.
There is also Section 498A of the IPC, to cover cruelty against married woman by her husband or his family. Maximum penalty: Imprisonment up to 3 years, fine or both.
Then there is Sec 375. Minimum imprisonment of 7 years, extendable up to life.
But hey, if the man raping you is your husband, he might go to jail for maybe 3 years. Not to worry, if someone else rapes you, he will be in longer.
However, on a more buoyant side, the Supreme Court seems on a course of self-correction. Its recent decisions to make adultery a gender-neutral offence, decriminalize consensual homo-sexual relations have caused much joy in the streets and has given rise to a hope of a more logical, just future.

The point of my rant is not an attempt to change the law. It is an attempt to be open, to put my opinion out in the world and hope that people see the reasonableness of it.
Rape is an ugly word and a barbaric reality. People need to look beyond what the law says it is and recognize it when it occurs.
The importance of consent, the right to say no is paramount in the fight for a woman’s dignity and stands firm even against a husband. Teach your daughters, teach your sons that the woman always needs to agree.

While punishment is one aftermath, it can only come when there is an environment of honesty. A woman needs to be able to speak out without fear of persecution, without worry of being blamed, or without her short clothes being called a cause. Or without generally being told, “He is your husband beta. These things happen.”

Though happen they might, they are far from acceptable.

So, break the taboo, be candid about sex & protection. And yes, about rape.