New Delhi: A recent UN Women report has revealed that India remains among the 30-odd nations where marital rape is not criminalised, NDTV reported.
According to the report, most of these 34 countries were developing nations including Pakistan, China, Bangladesh, Myanmar, Sri Lanka, Haiti, Laos, Mali, Senegal, Tajikistan, and Botswana.
Meanwhile, the latest fifth round of the National Family Health Survey (NHFS-5) reveals that thirty-two percent of women in India who have ever been married have experienced spousal physical, sexual, or emotional violence.
It further revealed that 25 percent of married women in the 18-49 years age group who have experienced spousal physical or sexual violence report having physical injuries, including seven percent who have had eye injuries, sprains, dislocations, or burns and 6 percent who have had deep wounds, broken bones, broken teeth, or any other serious injury.
This comes as the Delhi high court on Wednesday gave a split judgment on pleas seeking to criminalize marital rape and do away with the exception in rape laws that insulate husbands.
The division bench however granted leave to the parties to file an appeal before the Supreme Court.
In the case of marital rape, India continues to adhere to the archaic colonial law where unwilling sexual contact between a husband and a wife is not recognised as a criminal offence.
One of the two exceptions provided under the Section 375 of India's Penal Code (IPC), the provision which defines all forms of sexual assault involving non-consensual intercourse with a woman as rape, states "sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape".
Activists alleged that this exception gives immunity to men from a punishable offence of rape when committed in a contract of marriage and violates the Constitution.
Several experts, NGOs and women activists have been arguing against the exception clause for grossly violating married women's rights under Article 14 (Right to Equality) and Article 21 (right to life) of the Constitution.